ASHOK KUMAR Vs. PRADEEP KUMAR

JUDGEMENT

(1.) This First Appeal has been filed by the appellants against the order dated 22.5.1998 passed by Additional District Judge, Ghaziabad in Execution Case No.10 of 1993 [Pradeep Kumar (decree holder) Versus State of U.P.] by which the unregistered Will deed dated 26.5.1990 executed by Smt. Savitri Devi in favour of respondent no.1 Pradeep Kumar was found to be genuine and the objection raised by the appellants was rejected.

(2.) The facts giving rise to this Appeal are as follows :

(3.) Agricultural land mentioned above was acquired by the New Okhla Industrial Development Authority (In Short ' NOIDA') and Special Land Acquisition Officer passed the award in favour of Smt. Savitri Devi, who feeling aggrieved with the award, preferred Reference before the District Judge, Ghaziabad, which was decided on 24.8.1992. Smt. Savitri Devi had died during pendency of the Reference No.74 of 1992, Pradeep Kumar was substituted in place of Smt. Savitri Devi as legal heir in the Reference proceeding. NOIDA preferred First Appeal before this Court, which was also dismissed in non-prosecution.