ANAND KUMAR AND ORS. Vs. MAHAVEER

JUDGEMENT

(1.) HEARD Sri K.K. Tripathi learned Counsel for the Defendant Appellants and Sri K.K. Nirkhi who has put in appearance on behalf of Plaintiff Respondent.

(2.) THIS second appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 7.8.2010 passed by the Additional District Judge, Court No. 2, Ram Bai Nagar in Civil Appeal No. 70 of 2009 (Mahaveer v. Anand Kumar and Ors Civil Appeal No 70 of 2009) whereby the appeal filed by the Plaintiff Respondent has been partly allowed.

(3.) SRI Tripathi submits that the suit for cancellation of will dated 31.8.1999 filed by the Plaintiff Respondent was dismissed by the Trial Court but in appeal the first appellate court has illegally allowed the appeal in part by holding that the Defendant Appellants would get 1/4 share by virtue of the will executed by Smt. Bhagni.