AVINASH KUMAR AND ORS. Vs. ARVIND KUMAR

JUDGEMENT

(1.) PETITIONERS in this case are Defendants in a suit filed by Plaintiff -respondent, alleging that he is a co -owner with the Petitioners, in respect of certain property, which belonged to their common ancestor and on the death of said common ancestor, it devolved upon all his successors, i.e. the Respondent and the present Petitioners. Plaintiff -respondent sought declaration that he is joint owner in possession with the present Petitioners (defendants). Petitioners filed written statement, in which they specifically alleged that a Will was executed by their common ancestor and on the basis of that Will, mutation has also been attested in their favour and, thus, they are exclusive owners in possession of the suit property.

(2.) SUIT was filed in the year 2008 and thereafter issues were framed and the Plaintiff -respondent adduced Whether reporters of the local papers may be allowed to see the judgment? evidence. When the evidence of the Defendants -petitioners was being recorded, an application was moved by the Respondent, for amendment of the plaint, so as to take the plea that the Will set -up by the Petitioners was bogus and forged. Trial Court has allowed that application, vide order dated 17th March, 2011, copy Annexure P -7. Petitioners are aggrieved by this order.

(3.) ADMITTEDLY , the subject matter of the suit was the property of the common ancestor of the parties. But for the Will set -up by the Defendants -petitioners, that property would have devolved upon the Petitioners as also the Respondent. Respondent filed the suit, seeking declaration that he being one of the heirs of the common ancestor had inherited the property alongwith the Petitioners.