JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. With the consent of learned counsel for both the parties, this appeal is heard finally.

2. The appellants/defendants No. 1 to 5 have filed the Second Appeal under Section 100 of the C.P.C. challenging the judgment and decree dated 11.03.2011 passed by the learned District Judge, Raigarh District-Raigarh in Civil Appeal No. 22-A/2009, by which learned District Judge, Raigarh has allowed the appeal reversing the judgment and decree dated 15.09.2009 passed by the Civil Judge Class-2, Kharsiya, District-Raigarh in Civil Suit No. 114-A/2009 by which learned Civil Judge Class-2 has dismissed the suit.

3. The appeal was admitted on 23.02.2021 on the following substantial question of law:

(i) Whether the First Appellate Court is justified in holding that the plaintiffs have proved the title on the basis of will dated 05.05.2020 (Ex.P-1) executed by Kapileshwar by recording a finding perverse to the record?

(ii) Whether the First Appellate Court is justified in decreeing the suit of the plaintiffs without reversing the finding of the res-judicata recorded by the trial Court?

4. For the sake of convenience, the parties shall be referred to in terms of their sta