ARVIND UPADHYAY Vs. NIRMLA PANDEY AND 6 OTHERS

JUDGEMENT

(1.) For the controversy involved in the present petition, with the consent of learned counsel for the parties, the matter has been heard for final disposal at the admission stage itself without calling for the counter affidavit.

(2.) Heard Shri Anil Bhushan, learned Senior Advocate assisted by Shri Neelabh Srivastava learned counsel for the petitioner and Shri Ram Milan Mishra holding brief of Ajeet Kumar Singh, learned Advocate appearing for respondent no.1 i.e. the contesting party in Original Suit No.416 of 2011 (Arvind Upadhyay v. Nimala Pandey), out of which the present proceeding arises.

(3.) The aforesaid suit namely Original Suit No.416 of 2011 has been filed by the petitioner, husband of Smt. Kamla Upadhyay with the relief of cancellation of Will deed dated 15.2.2011, allegedly executed by Smt. Kamla Upadhyay in favour of the defendant/respondent no.1 namely Nirmala Pandey. A further relief of permanent injunction had been sought against the defendants, not to create any third party right or alienate the suit property during pendency of the suit on the basis of the aforesaid Will. The suit property as described at the foot of the plaint is Araji No.61 measuring 1/6th area 0.0350 Hectares.