Naseem and 5 Others v. Addl. Commissioner Administration-Ii, Devi Patan Mandal, Gonda and Others

Court No. - 4

Case :- WRIT - C No. - 9797 of 2024

Petitioner :- Naseem And 5 Others Respondent :- Addl. Commissioner Administration-Ii, Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Irfan Alam Counsel for Respondent :- C.S.C.,Rahul Kumar Shukla,Shivam Srivastava

Hon'ble Rajnish Kumar,J.

Shri Mohod. Waris Farooqui, Advocate holding brief of Shri Irfan Alam, learned counsel for the petitioners submits that the courts below had passed the impugned order ignoring the order dated 24.07.2009 passed by the Additional District and Sessions Judge, Court No.1, Balrampur in Civil Appeal No.03 of 2008 ( Smt. Chhanno Begum Vs. Zubaida Begum) by means of which the will deed dated 22.06.1987 has been found valid to the extent of 1/3^rd on the land in dispute and void in regard to the remaining.

Shri Rahul Kumar Shukla, learned counsel for the respondent no.4 submits that the aforesaid order passed by the District Judge was never brought on record before the courts below, therefore, the question of consideration does not arise.

Learned counsel for the appellant prays for and is granted a week's time to file the supplementary affidavit disclosing as to whether the aforesaid order passed by the learned Additional District and Sessions Judge was placed on record before the court's below, if yes, when and how.

List in the first week of December, 2024 as fresh.