Ram Prasad And 4 Ors. vs D.D.C. And 3 Ors.
2014 Latest Caselaw 2044 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - B No. - 26806 of 2014
 

 
Petitioner :- Ram Prasad And 4 Ors.
 
Respondent :- D.D.C. And 3 Ors.
 
Counsel for Petitioner :- T.S. Dabas
 
Counsel for Respondent :- C.S.C.,Shivaji Singh Sisodia
 

 
Hon'ble Anjani Kumar Mishra,J.

Heard Shri T.S. Dabas, learned counsel for the petitioner and, Shri Shivaji Singh Sisodia, who filed caveat on behalf of the respondent no. 3.

Issue notice to the respondent no. 4 by registered post A.D.

Steps may be taken within a week.

Shri Shivaji Singh Sisodia, learned counsel for the caveator, may file counter affidavit within three weeks.

Learned counsel for the petitioner will have two weeks thereafter to file rejoinder affidavit.

The dispute in the writ petition relates to the share of one Ishwari, who is admitted to have died leaving behind two married daughters. The petitioner raised the claim to the property of the Ishwari claiming to be his brother.  The daughters set up a Will in their favour.  The Settlement Officer, Consolidation (SOC) as also the Deputy Director of Consolidation (DDC) have recorded findings that the petitioner did not belong to the family of Ishwari.

Shri T.S. Dabas, has referred to the statement of Somwati Devi, respondent no. 3 in the writ petition wherein it has been admitted that Ishwari and Chotu were sons of the same father but from different mothers.. 

Learned counsel for the caveator has on the contrary submitted that the appelate as also the revisional courts recorded categorical finding accepting the Will in favour of the daughters of the Ishwari and, therefore the writ petition is liable to be dismissed.

Matter requires consideration.

Until further orders, the parties are directed to maintain status quo as regards nature and possession of the disputed property.

Order Date :- 26.5.2014

Priyanka