SHIV SHANKAR Vs. HARENDRA SINGH

JUDGEMENT

(1.) Heard Sri Sudhanshu Pandey, learned counsel for the defendant- petitionerS sand Sri Vijay Anand Rai, counsel for the plaintiff-respondents.

(2.) The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits thus with the consent of the parties, writ petition is being decided at the fresh stage.

(3.) The case of the petitioners is that an Original Suit No. 867 of 1993 came to be instituted by the plaintiff-respondents against the defendant-petitioners on 21/11/1993 before the Court of learned Munsif (West), Ballia for cancellation of the Will deed dtd. 10/4/1972 and 17/4/1989. The said suit was dismissed exparte on 1/7/2019 by the Court of Civil Judge (Senior Division), FTC, Ballia. Aggrieved against the same, the plaintiff-respondents preferred Civil Appeal No. 44 of 2019 (Harendra v. Raj Kumar and others). During the pendency of the miscellaneous appeal, on 9/10/2025 an application came to be preferred for a direction to the defendant no. 2 in the said suit, the defendant-petitioners herein to produce the Will dtd. 17/4/1989, the said application was contested by defendant- petitioners. However, by virtue of the order dtd. 19/1/2016, the application 121 Ga-2 came to be allowed directing the defendant-petitioner no. 1, Shiv Shankar S/o Late Shivmuni to produce and file the Will dtd. 17/4/1989 and also to apprise where and in which Court, the said Will was filed.