DINESH KUMAR SRIVASTAVA Vs. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD Sri Ashish Agarwal, Advocate, for petitioner and Sri U.N. Sharma, learned Senior Advocate, assisted by Sri Chandan Sharma, learned counsel for contesting respondent no. 6 in Writ Petition No. 1656 of 2013 (hereinafter referred to as "first petition") and Sri U.N. Sharma, learned Senior Advocate, assisted by Sri Chandan Sharma, learned counsel for petitioner; and, Sri Ashish Agarwal, Advocate, for respondent no. 1. in Writ Petition No. 33268 of 2013 (hereinafter referred to as "second petition").

(2.) BOTH these matters have come up to this Court, on nomination, by the Hon'ble Senior Judge.

(3.) DR . Dinesh Kumar Srivastava, petitioner in first petition, instituted Original Suit No. 769 of 2012 in respect to half of the portion of House No. 147/58, Jawahar Lal Nehru Road, Allahabad, seeking a declaration that in view of 'Will' dated 29.4.2007 executed by Smt. Rupan Chandra, he is owner of half of the disputed property; and in possession thereof. A declaration is also sought that the sale deed dated 7.5.2012 executed by defendants no. 1 to 3, in favour of defendant no. 4, in respect to entire house, to the extent of half of the property belong to plaintiff, is void. He also prayed for a permanent injunction restraining defendant no. 4 and its agents and representatives from interfering in the possession of plaintiff in respect to the disputed premises and also to refrain from damaging the said property or raising any construction thereon.