TARUN PRAKASH AGARWAL Vs. XVIII ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Preliminary decree of partition was passed giving 1/7 share to Virendra Kumar Agarwal, Basant Kumar Agarwal, Rajesh Kumar Agarwal all real brothers and four sons of Virendra Kumar Agarwal i.e Arun Prakash Agarwal, Tarun Prakash Agarwal, Adesh Prakash Agarwal and Aditya Prakash Agarwal each. It is stated by learned counsel that the preliminary decree was confirmed by the Supreme Court. Thereafter proceedings for preparation of final decree were initiated in the form of Misc. Case No. 59 of 1989. Meanwhile Sri Aditya Prakash Agarwal died.

(3.) Both the parties admit that his share was inherited by his father Virendra Kumar Agarwal making his share 2/7. Thereafter Virendra Kumar Agarwal also died and then the dispute arose. According to Rahul Kumar Agarwal and Anshul Kumar Agarwal respondent No. 2 and 3 who are sons of Basant Kumar Agarwal, Virendra Kumar Agarwal bequeathed 1/7 share to them and remaining 1/7 share to Anand Mohan Agarwal and Ashish Mohan Agarwal sons of Rajesh Kumar Agarwal. However, on the other hand the case of Arun Prakash Agarwal, Tarun Prakash Agarwal (Petitioner) and Adesh Prakash Agarwal is that their father Virendra Kumar Agarwal did not execute any will in favour of Rahul Kumar Agarwal and another and Anand Mohan Agarwal and another and that firstly through succession they inherited entire share of Virendra Kumar Agarwal and secondly Virendra Kumar Agarwal also executed a will of 2/7 share in their favour. In Misc. Case No. 59 of 1989, Rahul Kumar Agarwal and Anshul Kumar Agarwal filed impleadment application stating therein that as 1/7 share had been bequeathed to them by Virendra Kumar Agarwal hence they must be impleaded. Naturally this application was opposed by petitioner and his two brothers. On 15.10.1999, I Additional Civil Judge, (SD) Allahabad allowed the impleadment application. Against the said order Civil Revision No. 1367 of 1995 was filed by the petitioner Tarun Prakash Agarwal and his two brothers. XVIII A.D.J, Allahabad dismissed the revision on 22.7.2000, hence this writ petition.