J U D G M E N T

Heard on the question of admission.

This Second Appeal under Section 100 of CPC has been filed by the appellants/defendants being aggrieved by the judgment and decree dated 12/08/2025 passed by Principal District Judge, Dhar, District-Dhar (M.P.) in RCA No.70/2023, whereby the judgment and decree dated

30/10/2023 passed by IInd Additional Civil Judge, Senior Division, Dhar, District-Dhar (M.P.) in RCS-A No.54/2020, was affirmed.

Facts of the case, in short are as under :-

2. The respondents/plaintiffs have presented this suit regarding declaration of title, partition, permanent injunction and declaration of will No. MP119002018A3396478 dated 07/06/2018 regarding the land survey Nos.37/1/1, 37/2/3, 38/2, 38/3, area 1.077, 1.517, 0.778, 1.025, total plot 04, total area 4.397 hectare (hereinafter referred as the disputed land) situated in Village-Nipawali, Tehsil-Dhar, declaring void/ineffective in respect of the respondents/plaintiffs.

3. Respondents/plaintiffs case before the Trial Court was that Defendant No.1 - Govind, fraudulently obtained a bogus Will for the disputed ancestral land (Survey No.37/1/1, measuring 1.077 hectares) by taking advantage of Ambaram’s poor heal