CAV Judgment

1. Heard on admission.

2. This Second Appeal under Section 100 of Civil Procedure Code, has been filed by the defendants against the judgment and decree dated 16.10.2012 passed by 5th Additional District Judge, Durg District Durg in Civil Appeal No. 1-A/2011 affirming the judgment and decree dated 07.01.2004 passed by Fifth Civil Judge Class-II Durg District Durg in Civil Suit No. 68-A /2002.

3. For the sake of convenience, parties hereinafter will be referred to as per their status shown in the Civil suit No. 68-A /2002 before the trial Court.

4. The necessary facts for the disposal of the present appeal, in short, are that the plaintiffs have instituted a civil suit for declaration of title, partition and possession before the learned Civil Judge Class-2 Durg, mainly contending that plaintiffs and defendants No. 1 to 8 have joint property situated at village Patan, P.H.No. 30, R.N.M, Tahsil Patan, District Durg, khasra No. 1471 area 0.23 hectares. It is contended that defendant No.1 (Mehattar) has filed an application before Tahsildar Patan for mutation his name only and for deletion of the name of other co-owners from the record as partition has not been done between th