1

AFR

Reserved on 26.04.2022

Delivered on 06.05.2022

Court No. - 10

Case :- SECOND APPEAL No. - 356 of 2022

Appellant :- Shakti Singh Patel And Another

Respondent :- Veer Singh And 5 Others

Counsel for Appellant :- Arpit Agarwal

Hon'ble Rohit Ranjan Agarwal,J.

1.

Heard Sri Arpit Agarwal, learned counsel for the appel-

lants.

2.

This is plaintiffs’ second appeal under Section 100 of

Code of Civil Procedure (hereinafter called as “CPC”) arising

out of judgment and decree dated 13.03.2019 passed by District

Judge, Pilibhit and judgment and decree dated 08.03.2022

passed by Civil Judge (Senior Division) arising out of Original

Suit No.66 of 2012.

3.

Facts, in brief necessary to appreciate the controversy in

hand, are that the plaintiff filed an Original Suit No.66 of 2012

claiming relief of permanent injunction against the defendants-

respondents for not interfering in the property mentioned in

the plaint.

4.

Case set up by the plaintiff was that a registered Will was

executed on 08.07.1954 by one Smt. Ram Daulati in favour of

late Ram Chandra Lal, father of the plaintiffs. The testator of

the Will died in the year 1957 and since then the possession of

Second Appeal No.356 of