(1.) The present appeal has been preferred by the appellant under Sec. 96 of Civil Procedure Code (for brevity, CPC) assailing the judgment and decree dtd. 12/03/2018 passed by VI Additional District Judge, District Gwalior in Civil Suit No. 14-A/2014, by which, the civil suit for declaration of title, permanent injuction as well as cancellation of order of Registrar Public Trust dtd. 10/11/99 filed by respondent No.-1/plaintiff Muni Kumar Razdan was decreed.
(2.) For the sake of convinience the respondent No.-1 will be addressed as the plaintiff and the appellants and respondents No.-2 and 3 will be addressed as the defendants hereinafter.
(3.) It is not disputed between the parties that plaintiff Muni Kumar and Chaitanya Kumar (since dead) were real brothers. Dr. Maharaj Narayan Razdan was the father and Khemrani Razdan was the mother of plaintiff Muni Kumar and his brother Chaitanya Kumar. Dr. Maharaj Narayan Razdan died on 28/10/99 and Chaitanya Kumar died on 04/07/99. Khemrani Razdan died before the death of her husband Maharaj Narayan.