VAIBHAVI D.NANAVATI, J. - (1.).Heard Mr. Makbul Mansuri, learned Advocate appearing for the appellants.
(2.)The present Appeal from Order under Order 21 Rule 1 is at the instance of the original plaintiff being aggrieved and dissatisfied by the order passed by the Court below, below Exhibit-5 rejecting the application filed by the appellant seeking temporary injunction. It is the case of the appellant that the appellant is the legal heir of deceased Abdulah Muhammadali Makati, who died on 11/08/2013 and his mother Aminaben Abdullahbhai Makati also died on 11/01/2008. It is the case of the appellant that the appellant was adopted and maintained by Ahmedali Makati being the adoptive father. It is further submitted that merely because the appellant is adopted by Ahmedali Makati, the appellant does not loose his original status i.e. being the legal heir of Abdulah Muhammadali Makati and is entitled to have the legal share in ancestral properties of his legal father Abdulah Muhammadali Makati. It is submitted that the defendants are legal heirs of deceased Abdulah Muhammadali Makati and are trying to alienate the ancestral property by issuance of public notice in newspaper 'Aajkal ' dated 8/6/2020.
(3.)Issue notice returnable on 14/2/2022. Direct service is permitted. Respondent No. 2 is residing in Dubai. Mr. Mansuri, learned Advocate seeks permission to serve the notice through Ministry of External Affairs to the address as provided in the cause-title. Permission is granted.