HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 26895 of 2011 Petitioner :- Smt. Sukhdeyee Respondent :- Brij Behari (Now Deceased) And Others Petitioner Counsel :- D.S. Parmar Hon'ble Rajes Kumar,J.
The petitioner is widow of Late Raghubir Singh. The respondent no. 1, who is now deceased, filed a suit for permanent injunction claiming that Late Raghubir Singh has gifted the property in dispute. The contention of the petitioner is that her husband has not given any property to respondent no. 1 on gift and when she came to know about such suit an application for the impleadment has been filed, which has been rejected only on the ground of delay. She is necessary party. In case if any injunction order is passed, her interest will be jeopardized.
Issue notice to respondent nos. 1/1, 1/2, 2, 3, 4 and 5 returnable at an early date. The petitioner may take steps to serve the respondents within a week.
List in the week commencing 11.7.2011.
Till the next date of listing, the further proceeding of the Original Suit no. 137 of 1992 (Brij Behari Vs. Fafiqe and others) may go on but the final order may not be passed.
Order Date :- 10.5.2011 OP