AKLESH Vs. SANDEEP

JUDGEMENT

(1.) Heard.

(2.) The appellants have filed this appeal being aggrieved by the judgment and decree dated 3.03.2005 passed by the First Additional Judge to the Court of Second Additional District Judge, Chhindwara, in Civil Appeal No. 18-A/2004 whereby the judgment and decree dated 30.04.2003 passed by the IInd Civil Judge Class-I Chhindwara in Civil Suit No. 222-A/2002 has been affirmed and confirmed and the suit filed by the appellants for declaration, possession, partition and injunction has been dismissed.

(3.) It is submitted by the learned counsel for the appellants that the only issue involved in the present appeal is the question of perversity of the judgment of the courts below in appreciating and considering the document Exhibit P-4, which is a Will in favour of the appellants and the statement of the witnesses P.W-2 Devrao and Shankerlal P.W-3. It is submitted that these two witnesses have affirmed the execution of the Will, Exhibit P-4, and in such circumstances the courts below have committed perversity in rejecting the claim of the appellants based on the Will.