SHISHPAL Vs. UMA DEVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 17.1.2015 passed by the Additional District Judge No. 2, Nohar, District Hanumangarh, whereby the application filed by the respondent -plaintiff under Order VI, Rule 16 CPC and consequential application under Order XIV, Rule 5 CPC have been allowed.

(2.) The plaintiff filed a suit for declaration against the petitioner -defendant for declaration that the plaintiff was not adopted son of Sukh Ram @ Sukha s/o Shri Bhoja Ram. It was inter -alia claimed in the plaint that Sukha Ram @ Sukha was unmarried and had no issue. However, on 25.7.2009 1/3rd share of Sukha in agricultural land was mutated in the name of defendant - Shishpal as adopted son of Sukha Ram. The plaintiff had also filed application for mutation based on will, however, the land was mutated in the name of Shishpal - defendant. On enquiry, it was revealed that Sukha Ram had executed a adoption deed on 17.6.1980, which was registered on 19.6.1980. Various pleas were raised questioning the genuineness/validity of the adoption deed dated 17.6.1980. The plaintiff contended that she alongwith defendants No. 2 to 5 are real brother and sister of Sukha Ram and are his natural successors, but as Sukha Ram before his death on 21.5.2009 had executed a will dated 18.4.2009 in favour of the plaintiff, she alone was entitled to succeed to the properties of Sukha Ram.

(3.) Relief was sought in the suit for declaration that the defendant -Shishpal was not adopted son of late Shri Sukha Ram and the adoption deed dated 17.6.1980/19.6.1980 was null and void. Injunction was sought against interference in plaintiff's possession.