GOVARDHAN SAHI Vs. JAGDISH SAHI AND OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari setting aside the judgments and orders dated 29.04.2015 and 29.11.2016, passed by learned Tehsildar, Dehradun and learned Board of Revenue, Dehradun, respectively (Annexure nos. 12 and 14 to the petition).

(2.) Petitioner and respondent nos. 1 & 2 are real brothers. Their father executed a Will in respect of a property in favour of respondent nos. 1 & 2 to the exclusion of petitioner, who, as per the averments in the Will, did not live with the testator and had left for Nepal along with his family. The un-registered Will was executed on 20.06.1986. When the Will (Annexure no. 3 to the petition) was executed, registration was not compulsory. Mutation application in favour of petitioner and respondent no. 2 was allowed. When respondent no. 1 came to know of the same, he moved restoration application along with delay condonation application, which were allowed by learned Tehsildar, Dehradun and learned Board of Revenue, Dehradun. Aggrieved against the same, present writ petition has been filed.

(3.) One of the grounds which have been taken in the writ petition is that respondent no. 1 did not file any affidavit along with delay condonation application and learned Tehsildar as well as learned Board of Revenue committed illegality in granting injunction order in favour of respondent no. 2.