(1.) Heard Sri S.K. Kalia, Senior Advocate assisted by Sri Daya Shankar Tripathi, learned counsel for appellant, Sri R.N. Gupta, learned Senior Counsel assisted by Sri Pritish Kuamr for respondent No. 1 Sri Abhinav Singh learned Counsel holding brief of Sri Gaurav Mehrotra for respondent No. 2 and Sri Anil Kumar Tiwari, learned Senior Counsel assisted by Sri Prakhar Misrha, for the respondent Nos. 4 & 5.
(2.) Facts in brief of the present case are that Sri Govind Ram Suri (now deceased) was the owner of the properties, details of which is given hereinbelow:-
(3.) In the year 2012, Smt. Sushila Suri filed a suit for declaration registered as Regular Suit No. 223 of 2012 (Smt. Sushila Suri Vs. Gaurav Suri) in the Court of Civil Judge, Lucknow. In the said suit, the children of late Govind Ram Suri were not made party by her on the ground that she is being absolute owner and in possession of estate left behind by her husband late Sri Govind Ram Suri.