Sanjay Misra, J. - (1.) HEARD Sri K.K. Tripathi learned Counsel for the Defendant Appellants and Sri K.K. Nirkhi who has put in appearance on behalf of Plaintiff Respondent.
(2.) THIS second appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 7.8.2010 passed by the Additional District Judge, Court No. 2, Ram Bai Nagar in Civil Appeal No. 70 of 2009 (Mahaveer v. Anand Kumar and Ors Civil Appeal No 70 of 2009) whereby the appeal filed by the Plaintiff Respondent has been partly allowed. Sri K.K. Tripathi has submitted that earlier the Plaintiff Respondent had filed a Suit No. 519 of 1999 for injunction against the Defendant Appellants. In that suit for injunction issue No. 1 was as to whether the Plaintiff is owner in possession of the house in suit. He refers to the aforesaid judgment and submits that the Plaintiff failed in that suit to prove by any evidence that he was owner in possession of the house in suit.
(3.) SRI Tripathi submits that the suit for cancellation of will dated 31.8.1999 filed by the Plaintiff Respondent was dismissed by the Trial Court but in appeal the first appellate court has illegally allowed the appeal in part by holding that the Defendant Appellants would get 1/4 share by virtue of the will executed by Smt. Bhagni.;