Petition withdrawn in mutation writ petition regarding validity of Will pending as civil suit in Jaunpur court. Court disposed of petition allowing withdrawal with liberty to appear in civil suit.
Petition allowed to be withdrawn with liberty to appear before Civil Judge regarding validity of Will.
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Court No. - 36
Case :- WRIT - C No. - 11964 of 2020
Petitioner :- Nirmala Devi
Respondent :- Commissioner Varanasi Mandal And 7 Others Counsel for Petitioner :- Panchu Ram Maurya,Shashank Maurya
Counsel for Respondent :- C.S.C.,Bal Ram Bind,Sunil Kumar Singh
Hon'ble Vivek Agarwal,J.
Sri P. R. Maurya, learned counsel for the petitioner, Sri Bal Ram Bind, learned counsel for respondent nos. 3, 4 and 5, Sri Sunil Kumar Singh, learned counsel for respondent no. 6 and Sri Ram Lakhan Deovanshi, learned Standing Counsel for respondent nos. 1, 2 and 7 are present.
During the course of the arguments, it is pointed out that already a Civil Suit bearing no. 1372 of 2017 is pending in the court of Civil Judge (Junior Division), Tehsil Shahganj, District Jaunpur in which next date of hearing is 08.09.2020. Learned counsel for the petitioner admits that his client is already having notice of such civil suit where validity of the Will in question is under challenge.
In view of such facts, he submits that only one observation be made that findings recorded by respondent nos. 1 and 2 in mutation proceedings shall not come in way of deciding the suit on its own merits.
Learned counsel for the respondent has no objection to such observation and accordingly petition is allowed to be withdrawn with a liberty to appear before the Civil Judge on 08.09.2020 where validity of the Will in question is under challenge.
It will not be out of place to mention that outcome of the civil suit which shall decide the validity of the Will shall decide the outcome of the rights of the petitioner to seek mutation.
With the aforesaid, petition is disposed off as withdrawn.
Order Date :- 24.8.2020 Vikram/-
Nirmala Devi
Commissioner Varanasi Mandal
Vivek Agarwal
As recorded by the court registry
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