SAT PAL Vs. BABA DHARAM SHAH

JUDGEMENT

(1.) The plaintiff/respondent herein, instituted, a, suit, for, declaration, against, the defendant/petitioner herein, seeking, therethrough, the, setting aside, and, quashing, of, the, apposite testamentary disposition, made, on, 4.5.2010, by, the deceased testator concerned, vis-a-vis, the petitioner herein/defendant, and, qua the suit property. In, the, initially instituted plaint, an, averment become cast, that, the, petitioner herein, is, not holding, any capacity/status, as, an, agriculturist, and, hence, his, being barred to become, a valid legatee, of, the, deceased testator concerned. However, subsequently, through, an application, cast, under, Order 6, Rule 17, of, the, CPC, the plaintiff strived, to, seek leave, of, the, court, to, make, a, challenge, vis-a-vis, the, mutation, as, became attested, hence, in, compliance, with, the, verdict, pronounced, by, this Court, in, CWP No.3572, of, 2014, the, relevant paragraphs whereof, stand extracted hereinafter:-

(2.) Even though, at, first glance, the proposed amendment appears to be simplistic, and, innocuous, yet when, viewed, in, the, light, of, the, afore verdict, becoming pronounced, by, this Court in CWP No.3572 of 2014, verdict whereof, also, became affirmed, by, the Hon'ble Apex Court, through, a, verdict rendered, upon, Civil Appeal No. 1654 of 2017, (a) inasmuch, as, a, reading, of, the, opening paragraph, of, the, afore affirming pronouncement, makes, clear echoings, vis-a-vis, the, apposite challenge, as, became, cast, by, the, aggrieved State, of, H.P., vis-a-vis, the, afore pronouncement, made, by, this Court, in, CWP No. 3572, of, 2014, rather, becoming confined, to, the, issuance, of, a, mandamus, by, the, writ court, and, rather no challenge, becoming cast, vis-a-vis, the, setting aside, of, the, impugned apposite Annexure P-9, by, the, writ court, (b) thereupon, the, inference marshable, therefrom, is, qua, the, State of H.P., acquiescing, vis-a-vis, the validity, of, the afore, unchallenged portion, of, the verdict supra, and, it also becoming concomitantly estopped, to, deny, to, the, defendant, the, relief pronounced, hence, therethrough, qua him.

(3.) Consequently, since, the, questioned mutation became attested, in, pursuance, to, the afore conclusive, and, binding verdict, recorded, in, CWP No.3572, of, 2014,