IN THE HIGH COURTOF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV SECOND APPEAL No. 96 of 2010 BETWEEN:-

SMT.SHANTIDEVIW/O SHANKAR SINGH , AGED ABOUT 65 YEARS, OCCUPATION: R/O VILLAGE

1. KARVAS, AT PRESENTLY SHIDHESHWAR NAGAR, MORAR, GWALIOR (MADHYA PRADESH)

RANVIJAY SINGH @ CHARAN SINGH S/O S/O SHRI SHANKAR SINGH , AGED ABOUT 25

2. YEARS, OCCUPATION: R/O VILLAGE KARVAS, AT PRESENTLY SHIDHESHWAR NAGAR, MORAR, GWALIOR (MADHYA PRADESH)

BHURA @ RAVINDRA SINGH S/O S/O SHRI SHANKAR SINGH , AGED ABOUT 30 YEARS, 3. OCCUPATION: R/O VILLAGE KARVAS, AT PRESENTLY SHIDHESHWAR NAGAR, MORAR, GWALIOR (MADHYA PRADESH)

SMT. URMILA D/O SHANKAR SINGHW/O SHARNAM SINGH , AGED ABOUT 45 YEARS, 4. OCCUPATION: R/O VILLAGE NIBROL, TEHSIL GOHAD, DISTRICT BHIND M.P. (MADHYA PRADESH)

SMT. GUDDI BAID/O SHANKAR SINGH W/O GANDHARV SINGH , AGED ABOUT 35 YEARS, 5.

R/O VILLAGE SIMARIYA, TEHSIL DABRA, DISTRICT GWALIOR (MADHYA PRADESH)

6. SMT. NEELAM D/O SHANKAR SINGH W/O BHAJAN SINGH, AGED ABOUT 33 YEARS, R/O Signature Not Verified VILLAGE JIGNIYA, THANA HASTINAPUR, DISTT.

GWALIOR (MADHYA PRADESH)

SMT. AARTI D/O SHANKAR SINGH W/O BANTI SINGH, AGED ABOUT 30 YEARS, OCCUPATION:

7. R/O VILLAGE GUDI THANA, PICHHORE, TEHSIL DABRA, DISTRICT GWALIOR (MADHYA PRADESH)

BAHADUR SINGH S/O S/O SHRI AJMER SINGH, AGED ABOUT 65 YEARS, R/O VILLAGE KARVAS, 8.

TEHSIL GOHAD, DISTRICT BHIND (MADHYA PRADESH)

RAJENDRA SINGH S/O S/O PULLANDER SINGH , AGED ABOUT 43 YEARS, R/O VILLAGE KARVAS, 9.

TEHSIL GOHAD, DISTRICT BHIND (MADHYA PRADESH)

TILAK SINGH S/O S/O PULLANDER SINGH , AGED ABOUT 41 YEARS, R/O VILLAGE KARVAS, 10.

TEHSIL GOHAD, DISTRICT BHIND (MADHYA PRADESH)

KALYAN SINGH S/O S/O PULLANDER SINGH , AGED ABOUT 38 YEARS, R/O VILLAGE KARVAS, 11.

TEHSIL GOHAD, DISTRICT BHIND (MADHYA PRADESH)

BHURE SINGH S/O S/O PULLANDER SINGH , AGED ABOUT 35 YEARS, R/O VILLAGE KARVAS, 12.

TEHSIL GOHAD, DISTRICT BHIND (MADHYA PRADESH)

NARENDRA SINGH S/O S/O PULLANDER SINGH , AGED ABOUT 31 YEARS, R/O VILLAGE KARVAS, 13.

TEHSIL GOHAD, DISTRICT BHIND (MADHYA PRADESH)

RAMAVATAR SINGH S/O S/O OMKAR SINGH , AGED ABOUT 35 YEARS, R/O VILLAGE

14.

KARVAS, TEHSIL GOHAD, DISTRICT BHIND (MADHYA PRADESH)

.....APPELLANTS (MR. JITENDRA SHARMA - ADVOCATE FOR THE APPELLANTS)

Signature Not Verified AND SMT.SHANTI DEVIW/O HUKUM SINGH , AGED ABOUT 69 YEARS, OCCUPATION: R/O GALI

1.

NO.2,KAYASTHAPADA,TEH.&DISTT. DHOLPUR (RAJASTHAN)

ASHOK RANA S/O S/O SHRI JAI SINGH, , AGED ABOUT 43 YEARS, OCCUPATION: R/O GALI NO.2

2.

KAYASTHAPADA, TEHSIL AND DISTT. DHOLPUR, RAJASTHAN (RAJASTHAN)

STATE OF MADHYA PRADESH THROUGH (MADHYA

3.

PRADESH)

.....RESPONDENTS (MR. AMIT BANSAL - ADVOCATE FOR THE RESPONDENT NO. 1 AND 2 & MR. MR. RAMADHAR CHOBEY - GOVERNMENT ADVOCATE FOR RESPONDENT NO.3)

Reserved on : 26.04.2023 Whether approved for reporting :

This appeal coming on for pronouncement of judgment on this day, the court passed the following:

JUDGMENT

(Passed on 02/05/2023)

Present second appeal under Section 100 of CPC has been filed against the judgment and decree dated 19.01.2010 passed by Additional District Judge, Gohad, District Bhind (M.P.) in Civil Appeal No. 12/2009 affirming the judgment and decree dated 30.01.2009 passed by the Civil Judge, Class-I, Gohad, District Signature Not Verified Bhind in Civil Suit No.40-A/2007 by which the suit of appellants was dismissed and counter claim of the respondent/defendant was allowed.

2 . Factual matrix of the case, in brief, are that appellants/plaintiffs had filed a Civil Suit No.40-A/2007 for declaration of Will dated 29.12.2004 to be forged and void ab-initio and permanent injunction before the Court of Civil Judge, Class-I, Gwalior, stating therein that the disputed land bearing survey numbers as described in the plaint are situated at Village Karvas, Tahsil Gohad, District Bhind. It is further submitted that apart from the aforesaid survey numbers, some rooms and one hall has been constructed adjoining the land thereof some open space/land which was remained in title and possession of Smt. Durgadevi W/o Udaibha