LAWS(DLH)-2017-2-160

OM PARKASH Vs. SRI KISHAN & ORS.

Decided On February 16, 2017
OM PARKASH Appellant
V/S
Sri Kishan And Ors. Respondents

JUDGEMENT

(1.) This Regular Second Appeal under Sec. 100 of Code of Civil Procedure has been filed by the appellant/plaintiff assailing the judgment dated 31st Oct., 2011 whereby the First Appellate Court allowed the appeal bearing RCA No.2/2010 preferred by the respondents/defendants against the judgment and decree 29th May, 2010 passed by learned Trial Court in Civil Suit No.17/09.

(2.) As a result of the impugned judgment by the First Appellate Court, the suit of the appellant/plaintiff which was decreed by the learned Trial Court, stands dismissed.

(3.) By filing the Civil Suit No.17/2009, the appellant/plaintiff sought a decree of declaration and injunction challenging the two Wills executed by his father in favour of his two brothers namely Sh. Mahender Singh and Sh. Sri Kishan bequeathing the land allotted to him (father) to his two brothers to the exclusion of the appellant/plaintiff.