(1.) With consent of both the parties, the appeal is heard at motion stage.
(2.) This Second appeal under Sec. 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellant against the impugned judgment and decree dtd. 21/8/2024 passed by the First District Judge, Badwah in Regular Civil Appeal No. 02-A/2003 confirming the Judgment and decree dtd. 27/3/2023 passed by First Civil Judge, Class - II, Badwah in Civil Suit No. 400019-A/2014 whereby the learned trial Court dismissed the plaintiff's suit for declaration, injunction and partition.
(3.) The facts necessary for disposal of the present appeal in brief are that the appellants/plaintiffs and respondent/defendant no.1 are real brothers. Appellants/plaintiffs and respondent/defendant no.1 who were residents of Badwah district are having 1/3-1/3 right in their ancestral property situated at House No.138, Ward No.12, Moulana Azad Marg, Jaat Mohalla, Badwah. When the appellants approached respondent no.1 for equal partition of the property, then the respondent/defendant no.1 informed them that he got mutated the property in his name on the basis of (forged) consent letter of plaintiffs/appellants and the appellants/plaintiffs have no right in the said property. It is further alleged that on 9/6/2014, when the appellants/plaintiffs got the copy of the entire documents, it was revealed that the defendant/respondent no.1 in collusion with respondent no.2 &3 prepared forged documents, affixed forged signature of appellants/plaintiffs and presented false consent letter of appellants/plaintiffs before the Nagar Palik Nigam. On 11/6/2014, Nagar Palik Nigam issued a letter for mutation, which was not received by the appellants/plaintiffs. In between respondent/defendant no.1 started construction in the suit property without permission of appellants/plaintiffs. Appellants/plaintiffs also sent notice to the respondent/defendant no.1 through registered post. Thereafter appellants/plaintiffs preferred a suit for injunction regarding declaration of equal share on the disputed land and for cancellation of the consent letter before the Court of Civil Judge, Badwah.
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