Mr. Anil Kshetarpal, J.:- CM No.6962-C of 2016

For the reasons stated in the application, which is duly supported by an affidavit, legal heirs of respondent No.4-Kaushal Jain as mentioned in para 2 of the application are ordered to be brought on record for the purpose of prosecuting the present appeal.

Application is allowed.

Amended memo of parties is taken on record, subject to all just exceptions.

CM No.7376-C of 2012

2. For the reasons stated in the application, which is duly supported by an affidavit, delay of 41 days in filing the present appeal is condoned. Application is allowed.

Main case

3. Defendant No.4 is in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below while decreeing the suit filed by plaintiff-respondent No.1 herein for declaration to the effect that the plaintiff and defendant Nos.1, 5 to 11 are the joint owners in joint possession of ½ share and other defendants are owners of their respective shares, as also, the Will allegedly executed on 05.06.1976 by Shiv Narain, is illegal, null and void and consequently, the sale deed dated 06.10.1997 executed by defendant Nos.1 to 3 in favour of defendant No.4 i