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2022 Supreme(All) 1706

ROHIT RANJAN AGARWAL
Santosh Kumar – Appellant
Versus
Munna Lal @ Munnu Lal – Respondent


Advocates Appeared:
For the Appellant : Shrinath, Jai Singh Parihar.
For the Respondent: Mahesh Kumar.

JUDGMENT :

1. Heard Sri Shrinath Dwivedi, learned counsel for the appellants, Sri Sanjeev Kumar Shukla, Advocate, holding brief of Sri Mahesh Kumar, learned counsel for the respondent and perused the material on record.

2. This is plaintiffs' second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") arising out of judgment and decree dated 23.12.2021 passed by Additional District Judge, Court No.4, Kaushambi in Civil Appeal No.01 of 2021, by which the appeal preferred by defendant-respondent has been allowed and judgment and decree dated 14.12.2021 passed by Civil Judge (Junior Division), Kaushambi in Original Suit No.143 of 2010 has been set aside.

3. The facts in brief, as disclosed by the parties in the pleading are that plaintiff-appellants and defendant-respondent are the sons of late Kedar Nath. Kedar Nath was initially married to the mother of defendant Munna Lal. After her death, late Kedar Nath married the mother of plaintiffs. According to the plaint allegation, late Kedar Nath had executed a registered Will dated 08.9.1997 in favour of plaintiffs-appellants for Arazi No.45. Late Kedar Nath had got purchased Arazi No.398 me

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