RAKESH GOEL Vs. MANISH GOEL

JUDGEMENT

(1.) This present Regular Second Appeal is filed by the plaintiff-appellant directed against judgment and decree dated 23.11.2009 passed by the Court of Additional District Judge, Sonepat whereby appeal against the judgment and decree dated 06.11.2006 passed by Civil Judge (Sr. Divn.), Sonepat was dismissed.

(2.) For convenience sake, hereinafter, reference to the parties is being made as per their status in the Civil Suit.

(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiffappellant had originally filed the suit for declaration and permanent injunction on the ground that Smt.Kamla Devi (since deceased) was mother of plaintiff and defendants No.2 to 6. She was absolute owner of total land measuring 42 kanals 07 marlas situated in village Sikander Pur, Tehsil Panipat as per jamabandi for the year 1981-82 and a residential house No.726 situated in Hari Bagh Colony, Panipat. She had executed Will dated 06.06.1984 and on the basis of that, plaintiff is owner in possession of agricultural land measuring 22 kanals 14 marlas and a residential house No.726. Defendant No.6 (Ms. Poonam Goel) is owner of agriculture land measuring 19 kanals 13 marlas.