Satya Narayan And Others vs Additional District Judge And ...
2011 Latest Caselaw 1105 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 21177 of 2011
 

 
Petitioner :- Satya Narayan And Others
 
Respondent :- Additional District Judge And Another
 
Petitioner Counsel :- Mridul Kumar,Bhuvneshwar Prasad,Rajesh Kumar
 

 
Hon'ble Rajes Kumar,J.

The petitioners are plaintiffs in the suit. The plaintiffs filed the suit in the year 2006 for claiming 1/6th share.

The contention of the petitioners is that their grand-father has executed a registered Will in favour of the petitioners in the year 2003. The grand-father died in the year 2006 and since then the petitioners are in possession over the property in dispute. Though the suit was filed in the year 2006. The application for the interim relief has been rejected in the year 2010 vide order dated 24.5.2010. Against the said order, the plaintiffs filed appeal, which has been allowed vide order dated 22.3.2011. Learned counsel for the petitioners submitted that the trial court while refusing to grant any interim relief has categorically observed that the plaintiffs could not prove their possession over the property in dispute and without setting aside the said finding, the appeal has been allowed and it has been observed that the plaintiffs' agricultural crop is standing over Araji No. 550, the defendant has been restrained from interfering with the possession of the plaintiffs.

The matter requires consideration.

Issue notice to respondent no. 2. The petitioners may take steps to serve the respondent within 10 days by registered post.

List in the week commencing 16.5.2011.

Till the next date of listing, the parties shall maintain status-quo in respect of the property in dispute.

Order Date :- 16.4.2011

OP