ABDUL HAFIJ Vs. KAMLA & ANR.

JUDGEMENT

(1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 25.5.2012 passed by Addl. District Judge (Fast Track), Sawaimadhopur in First Appeal No. 101/2009 (26/2006) confirming the judgment and decree dated 28.3.2006 passed by Civil Judge (Junior Division), Sawaimadhopur in Civil Suit No. 143/2001.

(2.) The brief facts leading to filing of this second appeal are that the plaintiff -respondents filed a suit for declaration of Will dated 10.3.92 as null and void and for injunction against the defendant appellant not to interfere in the possession of the plaintiff respondents. The appellant defendant also filed a counter-claim stating therein that Kastoori died on 28.12.2000 and she has executed a registered Will in favour of the present appellant and decree sought for to declare the Will dated 10.3.92 as valid and to restrain the plaintiff respondents from interfering with the possession of the appellant. After hearing the parties, the court below has decreed the suit in favour of plaintiff respondents declaring the Will dated 10.3.92 as null and void and also passed permanent injunction against the appellant defendant not to interfere in the possession of the plaintiff respondents. The appeal has been filed which has also been dismissed, hence this second appeal.

(3.) Heard the learned counsel for the parties and perused the judgments and decree under appeal as well as the original record of the case.