RAM PARAS Vs. SMT. GYANI DEVI

JUDGEMENT

(1.) This appeal has been filed against the order passed by the Additional District Judge, Court No. 1, Maharajganj in Civil Appeal No. 29 of 2009, (wrongly described as Case No. 29 of 2009 in the certified copy of the impugned order).

(2.) Briefly, the facts giving rise to the present appeal are : Original Suit No. 427 of 1991 was instituted by one Gyani Devi Vs. Tilakdhari and others seeking relief of declaration against the will-deed dated 12.09.1985 purportedly executed by Ram Adhare Das the husband of plaintiff Gyani Devi in favour of Dilip Kumar defendant no. 2; permanent injunction in respect of suit properties and; cancellation of the sale deed executed by defendant no. 2 in favour of defendant no. 1 Tilakdhari and others claiming under the will deed executed by Ram Adhare Das.

(3.) It is on record that the aforesaid suit was decreed on relief 1 and 2 as above described, whereas the relief of permanent injunction was refused. The aforesaid judgment and decree gave rise to two appeals being appeal no. 29 of 2009 filed by the heirs of Tilakdhari who expired during pendency of the original suit no. 427 of 1991 and the other appeal no. 30 of 2009 filed by the defendant no. 2 Dilip Kumar. Both appeals are still pending and stay order is obtaining therein.