Mohd. Amin vs D.D.C. Siddharth Nagar And 2 ...
2015 Latest Caselaw 778 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- WRIT - B No. - 33448 of 2015
 

 
Petitioner :- Mohd. Amin
 
Respondent :- D.D.C. Siddharth Nagar And 2 Others
 
Counsel for Petitioner :- R.C. Singh
 
Counsel for Respondent :- C.S.C.,Shahroze Khan
 

 
Hon'ble Ram Surat Ram (Maurya),J.

Notice on behalf of respondents no.1 and 2 has been accepted by learned Additional Chief Standing Counsel. Notice on behalf of respondent no.3 has been accepted by Shahroze Khan, learned counsel.

One month time is granted for filing counter affidavit.Rejoinder affidavit may be filed within three weeks thereafter.

List in the second week of August 2015.

Learned counsel for the petitioner submits that according to the petitioner Shah Mohammad has died and petitioner being his only son, inherited his property. In the family, there are two other brothers of Shah Mohammad, who admitted the petitioner to be son of Shah Mohammad. Respondent No.3, Sabir Ali is the brother's son. In the life time of the two other real brothers, he will not be inherit, Shah Mohammad even if the petitioner is not his son. The status of petitioner could at the most, can be challenged by other two brothers namely, Mangare and Vaharachi.  In case,  statement of respondent no.3 that Shah Mohammad is alive is accepted then the right of the petitioner can be challenged by Shah Mohammad alone, but none of them are contesting the claim of the petitioner. The respondent no.3 has no locus standi and his appeal was not maintainable. It has been illegally allowed by the ex parte order.

The matter requires consideration.

Till the next date of listing, the operation of the order dated 30.4.2015 and 19.4.2015 shall remain stayed.

Order Date :- 29.5.2015

Ashish Pd.