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2022 Supreme(Chh) 101

NARENDRA KUMAR VYAS
Sonia Bai – Appellant
Versus
Dashrath Sahu – Respondent


Advocates Appeared:
For the Applicants : Mr. Aman Sharma.
For the Respondent: Mr. Dhirendra Mishra, Mr. Dashrath Prajapati.
For the State : Mr. Sameer Sharma, Dy. GA.

JUDGMENT :

1. This First Appeal under Section 96 of Civil Procedure Code, has been filed by the appellants/defendants against the judgment and decree dated 18.03.2015 passed by 5th Additional District Judge, Bilaspur District Bilaspur in Civil Suit No.124-A/2014, whereby learned trial Court has decreed the suit filed by plaintiff/respondent No.1, dismissed the counter claim filed by appellants/defendants No.1 to 3. Learned trial Court in its impugned judgment on the basis of Will executed on 28.10.2010 by testatrix Late Kachra Bai, who was mother of plaintiff and defendants No. 1 to 3 has held that plaintiff /respondent No 1. Dashrath Sahu is the owner of lands bearing khasra Nos. 61/14,291/1, B/2, 291/1, M/2, 291/4 total khasra Nos. 4 area 0.457 hectare and khasra Nos. 291/1, T/3, area 0.101 hectares, 2.31 acrea.

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 124 A/2014 which was filed for declaration of title and grant of permanent injunction.

3. The plaint averments in brief are that defendants Smt. Sonia Bai, Smt. Munni Bai and Smt. Pushpa Bai all are residents of Bilaspur. The suit land already described by this Court i

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