GEETA DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) Heard Sri H.N. Singh, Senior Advocate assisted by Sri Vineet Kumar Singh, learned counsel for the petitioner and Sri Atul Dayal, Senior Advocate assisted by Sri Ayush Khanna, learned counsel for the respondents.

(2.) The petitioner through present petition has assailed the order dated 30.09.2019 passed by Judge, Small Causes Court, Allahabad in Miscellaneous Case No.812 of 2017 arising out of Execution Case No.6 of 2017 rejecting the petitioner's application under Section 47 of C.P.C. and order dated 27.11.2019 passed by the Sessions Judge, Court No.1, Allahabad in Civil Revision No. Nil of 2019 preferred by the petitioner against the order dated 30.09.2019.

(3.) The facts giving rise to the present petition are that premises bearing Municipal No.599 (Old) (New No.1008) situated in Mutthiganj, Allahabad (hereinafter referred to as 'disputed premises') was owned by Smt. Chameli Devi and Om Prakash (respondent no.1), Rajendra Prasad (respondent no.2) and Sri Ram (respondent no.3) grandsons of Smt. Chameli Devi. Respondent nos.1 to 3 claimed the ownership of disputed premises on the basis of Will dated 28.12.1976 executed by Smt. Chameli Devi who died on 30.07.1985.