NEETA AGRAWAL Vs. SHANTI RANI AGRAWAL

JUDGEMENT

(1.) Heard Sri Nitin Agrawal along with Ms. Priya Dimri, learned counsel for the plaintiff-petitioner and Sri Ashish Kumar Singh, learned counsel for the contesting respondent Nos.1 and 2.

(2.) The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to annul Judgments and orders dtd. 6/3/2010 passed by Additional Civil Judge (Senior Division) Court No. 6 Allahabad as well as the order dtd. 30/11/2015 passed by Additional District Judge, Court No. 10 Allahabad insofar as it relates with the prayer no. (a) of the proposed amendment sought which has been rejected by the trial court and affirmed by the revisional court by means of the impugned orders and substitute the same by its own judgment allowing the amendment application in toto or direct the trial court to decide the amendment application afresh in the light of observation/ direction of this Court.

(3.) Facts in brief as contained in the petition are that the property bearing house no. 129/Al situated at Darbhanga Colony, District - Allahabad of which the petitioner is sole owner and is in possession. The house no. 129 had been constructed over plot no. 33 Darbhanga Castle compound District Allahabad of which one Chowdhary Labh Singh was the recorded owner. Labh Singh through his will deed dtd. 29/2/1966 divided the said house in two equal portions bequeathing the same in favour of his two sons through will deed. Northern 1/2 portion of said house was allocated in favour of Shri Surendra Jeet Singh Rekhi/ defendant respondent no. 3 and the southern 1/2 portion was allocated to Shri Nirmal Jeet Singh his other son.