KAPIL RAM PANDEY Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Anil Kumar, learned counsel for the petitioners, Sri Dinesh Kumar Singh, learned counsel for the respondent no.2 and Sri Tarun Gaur, learned standing counsel for the staterespondents.

(2.) Brief facts of the case are that one Bakunth Ram Pandey, had two sons, namely, Raghunath Pandey and Ishwar Prasad Pandey. Raghunath Pandey died issuless and Ishwar Prasad Pandey had three sons, namely, Raj Kishor Pandey, Kapil Ram Pandey and Brijesh Ram Pandey. Kapil Ram Pandey and Brijesh Ram Pandey are petitioner nos. 1 and 2 in the instant petition and Meera Pandey, widow of Raj Kishor Pandey is respondent no.2 in the instant petition. A registered will deed is alleged to be executed in favour of the petitioners by Raghunath Pandey on 19/2/2002. Another unregistered will deed was alleged to be executed on 2/3/2002 in favour of respondent no.2 as well as petitioners by Raghunath Pandey.

(3.) This Court vide order dtd. 17/9/2012 entertained the matter and issued notice to respondent no.2. This Court vide subsequent order dtd. 4/4/2016 further granted time to the counsel for the private respondent no.2 to file counter affidavit and as an interim measure, directed the authorities not to create 3rd party right in respect to the property in question.