SHYAMURAM KAMAL NARAYAN Vs. RAM KUMAR KARTIKRAM

JUDGEMENT

(1.) This is a Second Appeal filed by the plaintiffs under Sec. 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") against the judgment and decree dtd. 12/12/2013 passed by the District Judge, Bemetara (CG) in Civil Appeal No.26-A/2013, which, in turn, arose out of the judgment and decree dtd. 13/5/2011 passed by the Civil Judge Class-II, Saja (CG) in Civil Suit No.75-A/2009.

(2.) By the impugned judgment and decree, the First Appellate Court dismissed the appeal filed by the plaintiffs (appellants herein) and in consequence, upheld the judgment and decree passed by the trial Court, which had dismissed the plaintiffs' suit.

(3.) It is admitted fact that appellant No.3 - Smt. Khediya Bai is the wife of late Kartikram, Respondent No.1 is the son of late Kartikram and Appellants No.1 and 2 are grandson of late Kartik Ram. It is alleged that late Kartik Ram Sahu has executed the questioned Will (Ex.P-1) in favour of the appellants/plaintiffs on 22/12/2005. When the plaintiffs tried to mutate their names in the Revenue records, respondent No.1 raised an objection for the same. Therefore, the appellants have preferred a civil suit for declaration of title and permanent injunction in respect of the subject property. However, the trial Court has dismissed the suit vide judgment and decree dtd. 12/12/2013 and same has been affirmed by the First Appellate Court. Hence, this appeal.