MAHESH CHAND Vs. SATYA NARAYAN

JUDGEMENT

(1.) Mr. Ram Rakh Sharma, appears on behalf of plaintiff-respondent No.1. Both the counsels are ad idem that respondents No. 2 to 10 are merely proforma respondents; according to them, the contest is between the appellants and the respondent No.1, Satya Narayan. Therefore, with the consent of both the parties, this case is being decided at this stage itself.

(2.) Aggrieved by the order dated 17.11.2009, passed by the Additional District Judge, Gangapurcity, whereby the learned Judge has allowed the temporary injunction application, filed by the plaintiff-respondent, and has directed the parties to maintain status quo, the defendants-appellants have approached this Court.

(3.) The plaintiff-respondent filed a suit for cancellation of the will of Chitarmal Kherapati. Along with the suit, he has also filed an application under Order 39 Rule 1 and 2 . It is the case of the plaintiff-respondent that he is the adopted son of Chitarmal. Therefore, he is entitled to the properties left by Chitarmal . On the other hand, the appellants have pleaded that the properties have been left to them by Smt. Kesher, the wife of Chitarmal, through a will. Since the appellants have based their case on the will, the plaintiff-respondents have challenged the genuineness of the said will.