VISHAL AGARWAL Vs. RAKESH KUMAR VARSHNEY

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India has been instituted by the Petitioner assailing the order dtd. 13/2/2024 passed by the learned Additional District Judge, Rishikesh in Civil Revision No. 128 of 2022, whereby the revisional court affirmed the order dtd. 22/9/2022 passed by the learned Civil Judge (Junior Division), Rishikesh in Original Suit No. 16 of 2021, rejecting the Petitioner's amendment application filed under Order 6 Rule 17 of the Code of Civil Procedure

(2.) The dispute relates to a property situated at Nehru Marg, Rishikesh, bearing old Municipal No. 26/2/11A and present Municipal No. 222/26, recorded over Khasra No. 74/9, admeasuring approximately 376.245 square meters. The Petitioner claims title through his mother, late Savitri Devi, who is stated to have acquired the said property by a registered sale deed dtd. 13/7/1988 and thereafter remained in possession until her death.

(3.) It is the case of the Petitioner that during her lifetime, Savitri Devi executed a Will in his favour, pursuant to which, upon her demise on 2/6/2021, the Petitioner claims to have succeeded to the property and continued in possession thereof. House tax and other municipal dues are stated to have been paid continuously, both during the lifetime of the Petitioner's mother and thereafter by the Petitioner.