Dinesh Prasad vs Manoj And Others
2011 Latest Caselaw 799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 18979 of 2011
 

 
Petitioner :- Dinesh Prasad
 
Respondent :- Manoj And Others
 
Petitioner Counsel :- Hemant Kumar
 

 
Hon'ble Rajes Kumar,J.

The petitioner is a plaintiff in the suit. The suit has been filed for 1/4th share in the property standing in the name of Smt. Thakurdei, mother of the plaintiff, and for the permanent injunction. The defendant is father of petitioner. Along with the suit, an application for interim relief has been filed, which has been rejected by the trial court and an appeal filed against the same, has also been dismissed.

Learned counsel for the petitioner submitted that the defendant is claiming right in the property on the basis of Will and being the son, the petitioner is entitled for 1/4th share. The suit is of 2005 being Suit No. 393 of 2005.

Issue notice to respondent no. 3, returnable at an early date. The petitioner may take steps to serve the respondent within two weeks.

List in the week commencing 9.5.20011.

Till the next date of listing, in case if the petitioner is in possession of the property in dispute, he may not be dispossessed. Since the suit is of 2005, the trial court is also directed to dispose of the suit expeditiously preferably within a period of six months from the date of presentation of a certified copy of this order.

Order Date :- 1.4.2011

OP