ASHWANI KUMAR Vs. AJANTA SHARMA

JUDGEMENT

(1.) The petitioners in the present writ petition have prayed for the following reliefs:

(2.) The genesis of the proceedings resulting to passing of the impugned orders, under challenge in the writ petition, it emanates from the Will, which constitutes as to be the part of the present writ petition as Annexure No. 1, it is the Will dated 16th April 2008, which is said to have been executed by the testator of it late Mr. Vishnu Dutt, in favour of the beneficiaries mentioned therein, in relation to the property, which was described in the said Will; as to be lying in khata No. 72, bearing khasra Nos. 113, 114, 116 and 117, having a total area of 4.1179 hectares, which was a land lying in Shreni 1(kha) i.e. the bhumidhari land, along with the other superstructures which were existing on the said land which, as per the Will itself, it has described the property to be lying in village Chukti /Devaria, Phargana Rudrapur, Tehsil Kichha, District Udham Singh Nagar.

(3.) By virtue of the said Will, which has been executed on 16th April 2008 by late Mr. Vishnu Dutt, the beneficiaries to whom the property was thus divested by the Will it bequeathed to the present petitioner No. 1 i.e. Ashwani Kumar Vaishnav, petitioner No. 2 i.e. Mr. Anup Kumar Vaishnav and the other two sons of late Mr. Vishnu Dutt i.e. Amitabh Kumar Saraswat, and Aditya Kumar Saraswat (i.e. Respondent Nos. 2 and 3 to the writ petition), who were held to be the successors and the widow of the testator i.e. Smt. Rameshwari Devi. Property thus shown in the Will was as under:-