GOPAL KRISHAN VYAS, J. - (1.) BY this second appeal filed under Section 100, C.P.C. the appellants have challenged the validity of impugned judgment and decree dt. 25.04.2006 passed by the Addl. District Judge No. 1, Bhilwara in Civil Appeal No. 108/2004, whereby, judgment and decree dt. 11.10.2004 passed by the Civil Judge (Senior Division), Gangapur in Civil Suit No. 25/97 has been upheld.
(2.) BRIEF facts of the case indicate that the appellant -plaintiffs filed suit for cancellation of sale -deed, declaration and injunction on 15.04.1997 before the Civil Judge (Senior Division), Gangapur. In the suit, it was prayed that sale -deed executed by respondent No. 1 in favour of respondent No. 2 dt. 19.04.1996 for property in question may be quashed and set aside and it may be declared that there was No right in favour of respondent No. 1 to sell the property in question in favour of the respondent No. 2. It is further prayed that by a decree of permanent injunction, the respondents may be restrained from taking possession of 'guwari' and shall Not change the construction. In reply to the suit, the respondents denied the averments made in the suit and submitted that disputed property was in possession of Mohan Singh and Mohan Singh executed a Will in favour of respondent No. 1 Kistoori, wife of Ganesh Teli and, on the basis of said Will, she executed saledeed in favour of respondent No. 2 which is in accordance with law and the plaintiffs have No right to interfere in the property in question.
(3.) ON the basis of the pleadings of the parties, the trial Court framed as many as six issues for adjudication. After framing the issues, two witnesses P.W. -1 Nahar Singh and P.W. -2 Shantilal were produced as witnesses on behalf of the plaintiffs and statements of D.W. -1, Kistoori and D.W. -2 Badrilal were recorded from the side of the defence; and, thereafter, the trial Court proceeded to decide the matter issue -wise.;