Dismissed

Manish Kumar Jaiswal @ Manish Jaiswal and Another v. Anil Kumar Jaiswal (Deceased) and 4 Others

Allahabad HC6 Jul 2023A227/3516/2023

Case brief

AI extract

What is this about?

This is an Article 227 petition challenging orders regarding a preliminary issue in a civil suit filed for cancellation of a registered Will-deed. The High Court held that exclusive jurisdiction for declaring a Will void lies with the civil court and dismissed the petition.

What did the court decide?

The petition was dismissed, upholding the jurisdiction of the civil court to try the suit for cancellation of the Will-deed.

Manish Kumar Jaiswal @ Manish Jaiswal and… — Succession and Inheritance | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:133103

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 3516 of 2023

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Petitioner :- Manish Kumar Jaiswal @ Manish Jaiswal And Another Respondent :- Anil Kumar Jaiswal (Deceased) And 4 Others Counsel for Petitioner :- Ashok Kumar

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Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioners.

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This petition under Article 227 of the Constitution of India has been filed seeking to set aside the order dated 13.12.2021 passed by the Additional Civil Judge (Junior Division), newly setup Court No.1, Ghazipur in Original Suit No.937 of 2013 (Anil Kumar vs. Satish Kumar & Ors.), whereby a preliminary issue framed by the court, being issue no.7 that whether the suit of the plaintiff is barred in view of the provisions of Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, was decided against the petitioner-defendants. Also under challenge is the order dated 30.01.2023 passed by the Additional District & Sessions Judge, Court No.3, Ghazipur whereby Civil Revision No.20 of 2022 filed by the defendantpetitioner no.1 against the order aforesaid dated 13.12.2021 has been dismissed.

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The contention of the learned counsel for the petitioners is that no partition has taken place between the parties and, therefore, the jurisdiction would be with the revenue court and the civil suit would be barred given the provisions of Section 331 of the Act, 1950.

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The submission of the learned counsel for the petitioners has no force, as a perusal of the impugned order dated 13.12.2021

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reveals that the trial court has observed that the suit has been filed for cancellation of a registered Will-deed that was registered on 22.02.2010 as well as for injunction. It is observed that the main relief is for cancellation of the Will-deed which has been stated to be a forged Will-deed. Accordingly, the issue no.7 framed by the court regarding the suit being barred in view of Section 331 of the Act, 1950, was decided in favour of the plaintiff and against the defendants. The revisional court, after considering the facts and the relevant case law on the subject, has dismissed the revision holding that the exclusive jurisdiction for declaring the Will-deed to be void is with the civil court.

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Under the circumstances, there is no error or illegality in the impugned orders which may call for interference in this petition.

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The petition is, accordingly, dismissed .

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Order Date :- 6.7.2023 SK

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(Jayant Banerji, J.)

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Manish Kumar Jaiswal @ Manish Jaiswal and Another v. Anil Kumar Jaiswal (Deceased) and 4 Others

Case brief

What is this about?

What did the court decide?

Manish Kumar Jaiswal @ Manish Jaiswal and Another v. Anil Kumar Jaiswal (Deceased) and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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