SUNITA DEVI Vs. SATISH KUMAR

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed order dtd. 25/10/2024, passed by learned Senior Civil Judge, Court No.1, Kangra, District Kangra, H.P., in CMA No. 818 of 2024 in Civil Suit No. 69/2023, whereby the application of the applicant under Order 23 Rule 1(3) of the Code of Civil Procedure ( for short 'the Code'), has been dismissed.

(2.) The petitioner has preferred a Civil Suit for declaration and permanent prohibitory injunction in respect of immovable property described in the plaint as suit property. It is alleged that late Shri Tulsi Ram was the father of petitioner and respondents. Smt. Godavari Devi was his wife. Petitioner claims inheritance to the estate of her father late Sh. Tulsi Ram alongwith other legal heirs by way of way of natural succession. Thus, plaintiff has challenged the Will allegedly executed by late Sh. Tulsi Ram in favour of respondents and Smt. Godavari (now deceased).

(3.) Smt. Godavari transferred her share in the suit property in favour of respondents. Though by implication a challenge has been made, in the suit, to the mutation order recorded on the basis of gift deed executed by Smt. Godavari Devi but the Gift Deed has not been challenged.