HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1529 of 2011 Petitioner :- Anoop Kumar Malhotra Respondent :- Viveksheel And Another Petitioner Counsel :- Siddhartha Varma Respondent Counsel :- H.R. Tripathi,W.H. Khan Hon'ble Yatindra Singh,J.
Hon'ble Yogesh Chandra Gupta,J.
The counsel for the appellant submits that:
The relationship between Sudarshan Kumar and his son (respondent no.1) and his daughter-in-law(respondent no.2) were not good;
Sudarshan Kumar had published a public notice as well as sent notices through Advocate disowning his son;
The appellant is the nephew and was residing with Sudarshan Kumar in the property in question and was looking after him and in view of this, a 'Holograph Will' was executed by Sudarshan Kumar on 18.9.2010/ 12.10.2010;
The aforesaid factors have not been considered by the Trial Court.
Admit.
Issue notice. Notice need not be sent as it has been accepted by Sri H.R. Tripathi, Advocate.
Three weeks time is granted to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
Till further orders of the Court, the parties shall maintain status-quo on the spot. They shall neither transfer the property nor take loan on the same.
Order Date :- 18.5.2011 NS