SECOND APPEAL No. 167 of 2023 at Lucknow

1 Reserved /AFR Neutral Citation No. - 2025:AHC-LKO:25388 Court No. - 11 Case :- SECOND APPEAL No. - 167 of 2023 Appellant :- Ambika Prasad @ Ambika Prasad Pandey And 2 Others Respondent :- Shyam Bihari And 4 Others Counsel for Appellant :- Uma Kant Mishra,Jai Prakash Yadav,Karuna Shankar Mishra,Rajiv Kumar Bajpai Counsel for Respondent :- Vyas Narayan Shukla,Vyas Narayan Shukla Hon'ble Rajnish Kumar,J. 1. Heard, Sri Jai Prakash Yadav,learned counsel for the plaintiff- appellants and Sri Vyas Narayan Shukla, learned counsel for the defendant-respondents. 2. The instant second appeal under Section 100 of the Civil Procedure Code 1908 (hereinafter referred as CPC) has been filed against the judgment and decree dated 05.10.2023 passed in Civil Appeal No.38/2009 (Shyam Bihari and Others versus Sharda Prasad (deceased) substituted by his legal heirs Ambika Prasad and Others) by the Additional District Judge/F.T.C.-Ist,Sultanpur, whereby the lower appellate court allowed the defendant-respondents first appeal. Consequently, the judgment and decree dated 26.05.2009 passed in suit for cancellation of Will i.e. Regular Suit No.225/2004(Sharda Prasad and others versus Balkrishna and others)