NAND KISHORE Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) By means of the present writ petition, petitioner has prayed for quashing of the order dated 16.02.2002 passed by Additional District Judge, Hapur, district Ghaziabad in Civil Revision No. 8 of 2000, Nand Kishore and Ors. v. Dharamveer and Ors. and also to quash the order dated 16.02.2000 passed by Civil Judge (Junior Division), Hapur, district Ghaziabad in suit No. 192 of 1997, Dharamveer v. Nand Kishore.

(2.) Brief facts of the case are as follows:

(3.) Dharamveer Singh, respondent No. 3 filed suit No. 192 of 1997, Dharamveer Singh v. Nand Kishore and Ors. in the court of Civil Judge, (Junior Division), Hapur, district Ghaziabad on 29.05.1997 for the relief namely "A decree be passed to cancel the will dated 06.09.1978, registered on 08.09.1978 executed by late Kripa Ram in favour of defendants No. 1 to 5 in collusion with the defendants No. 6 to 7." The subject matter of dispute was of bhumadhari land, originally belongs to one Ram Vilas. Ram Vilas had four sons, namely, Samay Ram, Kripa Ram, Anoop Singh and Jadghar. Samay Ram had four sons, namely, Nand Kishore, Ratan Lal, Bachan Singh and Bateshwar, Nand Kishore had three sons, namely, Satya Prakash, Framed Kumar and Devendra Kumar. Anoop Singh had one son, namely, Dharamveer. Kripa Ram and Jagdhar died issueless. Jagdhar died on 28.07.1950 leaving behind his widow, Smt. Chandaro Devi. Smt. Chandaro Devi had transferred her agricultural land as well as house etc. in favour of Nand Kishore and other, defendants No. 1 and 3 to 5 through sale deed. Kripa Ram had executed a registered will dated 06.09.1978 in favour of defendants No. 1 to 5, which was registered on 08.09.1978. Thereafter, the defendants No. 1 to 5 became the sole bhumidhar of the land in dispute. Satya Prakash and Ors. being legatees of Kripa Ram, filed an application under Section 12 of U.P. Consolidation of Holdings Act (hereinafter referred to as "Act") before the Consolidation Officer on the basis of the aforesaid will dated 06.09.1978. Application was allowed on 24.01.1980 by the Consolidation Officer after consideration of evidence on record and the name of the defendants No. 1 to 5 was mutated by order of the Consolidation Officer. Anoop Singh, father of Dharamveer filed appeal No. 202 against the aforesaid order of the Consolidation Officer dated 24.01.1980 before Settlement Officer, Consolidation under Section 11 of the Act. The aforesaid appeal was dismissed on 26.06.1981. Anoop Singh, father of the Dharamveer filed revision No. 12 of 1985 before the Deputy Director, Consolidation against the aforesaid order of the Settlement Officer, Consolidation dated 26.06.1981. During the pendency of the aforesaid revision, Anoop Singh died and the plaintiff, Dharamveer was substituted. The aforesaid revision was dismissed on 31.10.1985. In the aforesaid proceedings, plaintiff, Dharamveer claimed that Samay Singh and Anoop Singh had got 3A share in the property of Ram Vilas. He claimed that the will dated 06.09.1978 executed by Kripa Ram was obtained by fraud. Both the aforesaid claims were adjudicated and were rejected in appeal and revision.