- (1.) This Second Appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiffs and is directed against the judgment and order dated 14th May 2018 passed by the 12th Additional District Judge, Ahmedabad District Court (Rural), at Mirzapur, Ahmedabad, in the Regular Civil Appeal No.88 of 2017 arising from the judgment and decree passed by the 8th Additional Senior Civil Judge, Ahmedabad (Rural), dated 6th November 2017, in the Regular Civil Suit No.1056 of 2015.
(2.) For the sake of convenience, the appellants herein shall be referred to as the original plaintiffs and the respondent herein shall be referred to as the original defendant. The plaintiffs instituted the Regular Civil Suit No.1056 of 2015 for declaration and permanent injunction with regard to the suit properties. The entire suit of the plaintiffs is based on right of preemption as stipulated under Section 22 of the Hindu Succession Act.
(3.) The reliefs prayed for in the plaint are as under : "PRAYER : While considering the facts and the circumstances mentioned in the suit, it is prayed that [a] Be pleased to declare that the suit property acquired by the plaintiffs and the defendants under the Hindu Succession Act is an ancestral, undivided and joint property and that the plaintiffs have acquired preemption right to the said immovable property as per Section 22 of the Hindu Succession Act 1956 and further be pleased to direct the defendant to comply with the preemption rights of the plaintiffs which they have acquired under the provisions of law, in the interest of the justice. [b] Be pleased to grant permanent injunction in favor of the plaintiffs and against the defendant of the present suit directing the defendant or his servants, agents, attorneys, successors, assignees, transferees not to obstruct or interfere or cause to be obstructed or interfered from being cultivating in the suit property under the joint ownership right and possession of the plaintiffs and the defendant may not create or cause to be created or transfer, assign, mortgage or encumbrance or may not do or cause to be done any acts, transactions, deeds or documents so as to create the right/interest in favor of any third party in the suit property or may not do or cause to be done any acts making changes in the form of the suit land or may not do or cause to be done any acts or omissions damaging the titles of the suit land in any way." ;