Smt. Malvinder Kaur vs D.D.C., Pilibhit And 3 Others
2014 Latest Caselaw 4099 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 27794 of 2014
 

 
Petitioner :- Smt. Malvinder Kaur
 
Respondent :- D.D.C., Pilibhit And 3 Others
 
Counsel for Petitioner :- Atul Pandey,Shantidhar Dwivedi
 
Counsel for Respondent :- Manish Kr. Srivastava
 

 
Hon'ble Anjani Kumar Mishra,J.

Supplementary affidavit filed today is taken on record.  

Heard Sri Atul Pandey, learned counsel for the petitioner and Sri SK Srivastava holding brief of Sri Manish Kumar Srivastava.

Submission of the counsel for the petitioner is that he has been non suited on the ground that the original will which was the basis of his claim was never filed before the Consolidation Officer. This finding has been challenged on the ground that the original will had been filed but it was subsequently withdrawn. In support of his contention, the learned counsel for the petitioner has filed supplementary affidavit annexing thereto the documents evidencing filing and withdrawal of the will. 

Under these circumstances, the matter requires consideration.

Both the contesting respondent nos. 3 and 4 are represented by Sri Manish Kumar Srivastava  who is granted three weeks' time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit.

Until further orders of this Court, the parties are directed to maintain status quo as regards nature and possession of the property in dispute and are restrained to create any third party right.

Order Date :- 6.8.2014

SKS