SANTOSH CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioner/plaintiff under Article 227 of The Constitution of India against the order dtd. 29/4/2025 (Annexure P-4) passed by the Learned Appellate Court in case bearing Civil Appeal No.67 of 2025, thereby dismissing the Application (Annexure P-3) of the petitioner, for staying the operation of judgment and decree 27/3/2025 (Annexure P-1).

(2.) It is inter alia submitted by learned counsel for the petitioner that the petitioner (daughter of the deceased Kanhaiya Lal) filed a Suit for Declaration and consequential relief of Permanent Injunction to the effect that the Will bearing no. 109/3 dtd. 8/6/2009 registered in the office of Sub-Registrar, Panchkula is illegal, void and a result of fraud. The said Will is executed by deceased Kanhaiya Lal in favor of his two sons; while excluding his wife, and both his daughters - the petitioner, being one of the daughters of Kanhaiya Lal. The Will states that all the existing immovable properties, future immovable properties, ancestral properties, any compensation any plot or any house, in case deposited in the bank or any finance department, shall be in the name of two sons of Kanhaiya Lal. Accordingly, the petitioner had filed the instant suit. The Suit was dismissed vide the judgment and order dtd. 27/3/2025; and the said judgment was assailed in Appeal filed by the petitioner which is pending adjudication. Along with the appeal, the petitioner had filed a stay application which has been dismissed vide the impugned order on the ground that the Executing Court will decide entitlement of the petitioner to have share in the compensation amount and hence, the present Civil Revision.

(3.) Ld. Counsel for the petitioner submits that the trial Court while dismissing the suit of the petitioner vide judgment and decree dtd. 27/3/2025 (Annexure P-1) has noted in para 2 of the said judgment, that: -