IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 15 OF JANUARY, 2026 FIRST APPEAL No. 222 of 2002 KAILASH NARAYAN JAISWAL (dead) THROUGH LRs Versus JAI PRAKASH JAISWAL & ORS.

Appearance:

Shri Abhishek Singh Bhadauria, Advocate for LRs of appellant.

Shri N.K.Gupta, Senior Advocate with Shri Saket Sharma, Advocate for respondent No.1 ORDER This first appeal, under section 96 of CPC, has been filed against the judgment and decree dated 30/11/2002 passed by IV Additional District Judge, Gwalior in Civil Suit No. 16A/1999. by which suit filed by plaintiff Jai Prakash for declaration of title has been decreed.

2. Facts necessary for disposal of present appeal, in short, are that plaintiff/respondent No.1 Jai Prakash filed a suit for declaration of title by pleading inter alia that House No. 38/6, 609/1 (old 638/9) was recorded in the name of Shiv Mangal Prasad and Lakshman Prasad, both sons of Jagannath Prasad. Lakshman Prasad during his lifetime had executed a registered will dated 25/5/1974 in favor of his brother Shiv Mangal Prasad. Lakshman Prasad died on 5/11/1974 and after his death, Shiv Mangal Prasad became the exclusive owner of the