KRISHNA KISHORE Vs. DISTRICT JUDGE, FATEHPUR

JUDGEMENT

(1.) BY way of this writ petition the petitioner has challenged the order 11.5.2013 passed by the Addl.Chief Judicial Magistrate, court no.11, Fatehpur whereby the petitioners application in her suit under section 10 Code of Civil Procedure, has been rejected and the order of the Revisional court dated 29th September, 2012 whereby her revision against the order of the Addl.Chief Judicial Magistrate, court no.11, Fatehpur dated 11.5.2013 has been rejected.

(2.) THE essential facts of the case are that one Krishna Kishore now deceased instituted a civil suit no. 189 of 2002 in the court of Civil Judge( Senior Division) Fatehpur for declaration that he is the sole person who is entitled for compensation (a sum of Rs. 50,703.78p.) and not the defendant no. 1 and 2 as they have no right to receive the same.

(3.) THE case of the petitioner/deceased was that his father Dev Nand Gupta had divided his property in the year 1982 into three equal shares between all the three sons namely Jugal Kishore/respondent no. 3 herein and Reghunath Prasad Gupta/respondent no.4 herein and the petitioner Krishna Kishore (deceased). It is stated that total agricultural land in the name of Dev Nand Gupta was bout 56 bigha and it was also divided into three shares. The petitioner no. 1 was provided an area of 18 bigha, 9 biswa and 10 Kari of land in Gata No. 346 and 347 now new No. 560. It is alleged that the respondent no. 3 and 4 fabricated a will dated 22.4.1985 and 13.9.1989 in favour of Smt. Rajrani Devi wife of Jugal Kishore and Smt. Sampatti Devi wife of Raghu Nath Prasad Gupta of the entire proper including 56 bigha agricultural land. Thus Kirshna Kishore/petitioner deceased was totally excluded from his share.