Viney Mittal, J. - (1.) For the reasons given in the application, delay in re-filing the appeal is condoned subject to all just exceptions. R.S.A. No. 1165 of 2006
(2.) The plaintiff is in second appeal. In a suit for declaration filed by him, he has failed before the two Courts below. Plaintiff had filed suit in question claiming 1/3rd share in the suit property on the basis of Will dated June 10, 1997 executed by father of the parties i.e. Mam Raj. It was claimed that defendants had got the mutation of the property sanctioned in their name but the said mutation was not in accordance with the Will.
(3.) The suit was contested by the defendants. It was claimed by them that the Will originally executed by Mam Raj, relied upon by the defendants had been superseded by a subsequent Will dated December 23, 1999 and as such, on the basis of the later Will the defendants had become exclusive owners of the suit property. Both the Courts below have upheld the due execution and validity of the Will dated December 23, 1999 executed by Mam Raj. Consequently, the suit filed by the plaintiff has been dismissed by the trial Court and his appeal has failed before the appellate Court.;