RAMVEER SHARMA Vs. BABULAL

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India against order dtd. 07/05/2018 (Annexure P/1) passed by 5th Additional Civil Judge, Class-I, Gwalior (M.P.) to the Court of 1st Civil Judge, Class-I, Gwalior (M.P.) in Succession Case No.75/2017. Various objections were raised by the counsel for respondent No.1 with regard to non-impleadment of necessary parties. However, this Court thinks appropriate to consider the matter on merits.

(2.) It appears that Dr. Kailash Chandra Dubey was the owner of the property in dispute. Undisputedly, Dr. Kailash Chandra Dubey did not die issue less and according to the petitioner himself he is survived by two sons and one daughter.

(3.) Learned trial Court by impugned order dtd. 07/05/2018 dismissed the application by holding that petitioner has failed to prove the execution of Will.