Dismissed

Arbind Kumar and 2 Others v. Kamla Devi (Died) and Another

Allahabad HC11 Aug 2022A227/6247/2022

Case brief

AI extract

What is this about?

High Court Court No. 9 dismissed a writ petition under Article 227 seeking to quash an order allowing substitution of a deceased petitioner. The court held there was no illegality in the lower court finding that the will deed was registered and uncanceled.

What did the court decide?

The petition filed under Article 227 for setting aside the impugned order of substitution was dismissed.

Arbind Kumar and 2 Others Vs Kamla Devi… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 6247 of 2022 Petitioner :- Arbind Kumar And 2 Others Respondent :- Kamla Devi (Died) And Another Counsel for Petitioner :- Neelesh Kumar Mishra Counsel for Respondent :- Bare Lal,Pavan Kumar Srivastava

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Hon'ble Vipin Chandra Dixit,J.

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Sri Anurag Pathak, Advocate had filed his Vakalatnama on behalf of respondent no. 2 is taken on record.

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Heard Sri Annelesh Kumar Mishra, learned counsel for the petitioners, Sri Anurag Pathak, learned counsel appearing on behalf of respondent no. 2 and perused the record.

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This misc. petition under Article 227 of the Constitution of India has been filed by the petitioners for setting aside the impugned order dated 25.05.2022, passed by Additional District and Sessions Judge, court No. 2, Allahabad in Misc. Civil Appeal No. 13 of 2019 (Kamla Devi vs. Arvind Kumar and others).

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Brief facts of the case are that the respondent no. 1 namely Kamla Devi (since deceased) had filed a suit for permanent injunction and has also moved application under Order 39 rule 1 C.P.C. for interim injunction (Paper No. 6-C), which was rejected by the trial court vide order dated 24.11.2018. Thereafter, the respondent no. 1 had filed a misc. appeal against the order dated 24.11.2018, which was numbered as Misc. Appeal No. 13 of 2019. During the pendency of said misc. appeal, respondent no. 1 namely Kamla Devi had died and respondent no. 2 had moved an application for substitution on the ground that Kamla Devi had executed a will deed in favour of respondent no. 2, which was allowed by the Additional District and Sessions Judge, Court No. 2, Allahabad, vide order dated 25.05.2022, which is impugned in the present petition.

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It is submitted by learned counsel for the petitioners that Kamla Devi had already executed sale deed dated on 19.12.2015 in favour of petitioners and the names of petitioners were recorded in the revenue record. It is further submitted that the will deed in favour of respondent no. 2 is forged document.

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On the other hand, learned counsel appearing on behalf of respondent no. 2 has submitted that Kamla Devi has already executed a will deed in favour of respondent no. 2 and as such, she was rightly substituted by order dated 25.05.2022.

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The learned court below has considered the objection of petitioners and had recorded the finding that the will deed in favour of respondent no. 2 is a registered will deed and till date it has not been cancelled by any competent court of law. The finding recorded by the learned court below is based on evidence and materials, which are available on record and there is no illegality in any manner and the petition lacks merit and is liable to be dismissed.

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Accordingly, the petition is dismissed .

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Order Date :- 11.8.2022 sailesh

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Digitally signed by SAILESH PRAJAPATI Date: 2022.08.11 18:03:36 IST Reason: Location: High Court of Judicature at Allahabad

Arbind Kumar and 2 Others v. Kamla Devi (Died) and Another

Case brief

What is this about?

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Arbind Kumar and 2 Others v. Kamla Devi (Died) and Another

Case brief

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What did the court decide?

What the court decided

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