ARUN KUMAR BARNWAL Vs. DHRUB PRASAD

JUDGEMENT

(1.) Heard Shri Shiv Kumar Dwivedy, learned counsel for the appellant.

(2.) The present appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure has been preferred against an order dated 4.1.2011 passed by Sub-Judge-III, Bettiah, West Champaran in Title Suit No.247 of 2009, whereby the learned court below has rejected the petition for injunction filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(3.) Learned counsel for the appellant submits that the plaintiff/appellant has filed the aforesaid suit for declaring will executed by defendant no.1, father of the appellant in favour of respondent nos.4 and 5 as void and further prayed for declaring sale deed, which were executed by respondent nos.4 and 5 to different persons as void. Learned counsel for the appellant submits that the father of the plaintiff/appellant was in his old age of 90 years and he was not in a position to execute deed of will in favour of respondent nos.4 and 5. Since it was a forged deed, the plaintiff/appellant had filed the suit for declaring the same as void.