RAJESH KUMAR Vs. RAKESH KUMAR SHARMA

JUDGEMENT

(1.) The instant appeal has been filed by the plaintiff under Sec. 96 CPC against the impugned judgment and decree dtd. 15/11/2025 passed by the court of Civil Judge(Senior Division)/FTC, Bulandshahr in O.S. No. 863 of 2020 Rajesh Kumar vs. Rakesh Kumar and others whereby defendant no.1's application no.125-C2 under Order VII Rule 11 CPC was allowed and consequently, the plaint was rejected.

(2.) Factual matrix is that the plaintiff/appellant filed O.S.no. 863 of 2020 against defendant of the 1st part Rakesh Kumar Sharma(defendant no.1) and defendants of the 2nd part Dinesh Kumar Sharma,Mukesh Kumar Sharma,Naresh Kumar Sharma and Urmi Sharma(defendants no.2 to 6) with the averments that the plaintiff and defendants are real brothers and sister, the defendants of the 2nd part are formal parties, against whom no relief has been claimed. It was further averred that the instant suit has been filed seeking declaration of Will dtd. 17/8/1998 and family settlement dtd. 25/4/2006.

(3.) It was further averred that the plaintiff 's mother Late Kamal Rani Sharma wife of Late Ramkrishan Sharma from her personal ornaments, stridhan, etc., purchased disputed property no.1 through sale deed dtd. 16/10/1962 and the disputed property no. 2 was purchased by the funds provided by plaintiff, plaintiffs father Late Ramkrishan Sharma and defendant of the 1st part, in the name of plaintiffs and defendant of the 1st part 's maternal uncle Durga Prasad through sale deed on 9/11/1967. It was further averred that plaintiffs father Ramkrishan Sharma died on 2/12/2005 and plaintiffs mother Late Kamal Rani Sharma died on 17/9/1991.