SOHAN SINGH NEGI Vs. MANMOHAN SINGH NEGI

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and perused the record.

(2.) By means of this writ petition, the Petitioner has sought a writ in the nature of certiorari quashing the order impugned dated 4-5-2011 (Annexure No. 11) passed by the Additional Civil Judge 1st, (Senior Division) Dehradun in Original Suit No. 376 of 2000, Manmohan Singh v. Uma Devi and Ors., whereby the applications paper No. 235-A and 237-A moved by the Petitioner-Defendant No. 4 have been rejected and the objection (246C) has been allowed.

(3.) A perusal of the record shows that the Plaintiff-Respondent No. 1 herein filed Original Suit No. 376 of 2000 before the trial court for injunction as well as to declare the Will of Smt. Tulsi Devi dated 27-9-1987, which is in possession of Defendant No. 4, a void document. The Defendant No. 4 by filing his written statement lodged his counter claim for partition of the suit property on the strength of the alleged will of Smt. Tulsi Devi dated 27-9-1987. It also appears that by registered sale deed dated 21-11-2006 the Petitioner-Defendant No. 4 sold his 1/6th undivided and undefined share in the property bearing plot No. 180 to 188 as mentioned therein in favour of the Defendant No. 10 (Respondent No. 10 herein).