(1.) The appellant/defendant No. 2 has filed the Second Appeal under Sec. 100 of the C.P.C. challenging the judgment and decree dtd. 27/1/2009 passed by the learned Additional District Judge, (F.T.C.), Balod District - Durg in Civil Appeal No. 08-A/2007, by which learned Additional District Judge, Balod has dismissed the appeal affirming the judgment and decree dtd. 20/12/1999 passed by the Second Civil Judge Class -2, Balod, District - Durg in Civil Suit No. 229-A/98 by which learned Second Civil Judge Class-2 has allowed the suit in part by declaring that plaintiffs after death of Kachra Bai are entitled to get 1/4th share in the suit property.
(2.) The appeal was admitted on 3/7/2020 on the substantial question of law which was further modified on 5/7/2021 and the substantial question of law has been reframed as under :-
(3.) For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 229-A/98.