TARADEVI Vs. DISTRICT JUDGE BASTI

JUDGEMENT

(1.) This writ petition has been filed by Smt. Tara Devi, Balram Prasad Tripathi, Krishna Jiwan Tripathi and Arjun Prasad Tripathi as petitioners Nos. 1, 2, 3 and 4, inter alia, praying for issuance of a writ, order or direction in the nature of certiorari quashing the order 14-10-1980 (Annexure No. 5 to the writ petition) passed by learned Munsif Khilalabad. Basti (respondent No. 2) and the order dated 12-11-1980 (Annexure No. 6 to the writ petition) passed by the learned District Judge, Basti (respondent No. 1 to the writ petition.

(2.) During the pendency of the writ petition, Smt. Tara Devi (petitioner No. 1) died, and in her place. Balram Prasad Tripathi (petitioner No. 2), Krishnajiwan Tripathi (petitioner No. 3) and Arjun Prasad Tripathi (petitioner No. 4) who were already on record, were substituted as the heirs and legal representatives of Smt. Tara Devi. The said Balram Prasad Tripathi, Krishnajiwan Tripathi and Arjun Prasad Tripathi are hereinafter referred to "as the petitioners".

(3.) The facts relevant for deciding the controversy involved in the writ petition are follows :- It appears that certain properties belonged to one Ramdas Shukla, who was maternal grand father of the petitioner. It is alleged by the petitioners that after the death of Ramdas Shukla, property devolved upon Smt. Yosoda Devi (daughter in law of the said Ramdas Shukla), who was given a right for her life alone. It is alleged that the said Smt. Yosoda Devi started transacting to transfer the said property, therefore, a suit was filed by the said Smt. Tara Devi and other petitioners for injunction wherein Smt. Yosoda Devi was impleaded as defendant No.1. It is further alleged that in the meantime, Hari Nam Das Vedandi, respondent No. 3 (defendant No. 2 in the said suit) got a Sarvakari executed in his favour by the said Smt. Yosoda Devi (defendant No. 1) who is now dead.