Vidyawati Singh vs Rajesh Singh and Others

The instant second appeal has been preferred against the judgment and order dated 16.12.2024 amended vide order dated 18.02.2025 passed by the Additional District Judge, Court No.1, Ambedkar Nagar in Civil Appeal No.6 of 2024.

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Learned counsel for the appellant submits that the appellate court has passed the impugned order on the basis of witnesses, who neither belongs to the family of the testator nor they are the resident of his village rather they are strangers and residents of other villages and one of the attesting witnesses of the 'will', one Radhey Shyam does not appear before the Sub Registrar at the time of registration of the will deed for attesting the testator. He further submits that the appellate court miserably failed to consider that the testator was about 85 years old at the date of execution of will deed. He submits that the testator was suffering from serious eye ailment and was unable to walk.

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Learned counsel for the appellant further submits that the photograph of the testator pasted in the first page of the will deed apparently shows that he was not in a sound stage of his health. The 'will' in question is a result of fraud and undue influence and the appellate court failed to consider the same while passing the impugned order.

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SAPL No. 14 of 2025

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2

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In view of above, the matter requires consideration.

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The second appeal is admitted on the following substantial questions of law:-

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"1- Whether the learned first appellate court erred in law in granting decree of permanent injunction in favour of the respondents/defendants against the appellant/plaintiff in respect of the property in question in the absence of any counter claim or pleadings and relief for the same in the memorandum of appeal?

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2- Whether the learned first appellate court erred in law in allowing the appeal by misreading and misconstruing the materials available on record simply on the basis of statement of D.W. 3 Abdul Rashid Farooqui without considering other evidence available on record?

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3- Whether the learned first appellate court erred in law in relying upon the report of Amin Commissioner for recording finding of possession in favour of the defendants/respondents over the property in question despite the said Amin Commissioner Report to the extent of possession was rejected by the learned trial court vide its order dated 20.04.2023?

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4- Whether the learned first appellate court erred in law in allowing the appeal by recording perverse findings to the effect that sufficient reasons were recorded by the testator for discarding his legal heirs in the will deed dated 26.08.2003 and the will deed dated 26.08.2003 was executed by the Testator Shyam Bahadur Singh in favour of the respondents No. 1 to 4 to save the share of the appellant from being gifted by her to her sister?"

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Let notice be issued to the respondents.

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Let the record of lower court record be summoned.

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Learned counsel for the appellants shall take steps for service on the respondent as well as summoning of the record of lower court within a week from today.

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List this case on 08.07.2026.

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SAPL No. 14 of 2025

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3

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As an interim protection, it is provided that the parties shall maintain status-quo as it exists today and the operation of the impugned judgment and order shall remain stayed till the next date of listing.

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(Prashant Kumar,J.)

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March 10, 2026

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Anupam S/-

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Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

Vidyawati Singh v. Rajesh Singh and Others

Case brief

What is this about?

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Vidyawati Singh v. Rajesh Singh and Others

Case brief

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