PANNA LAL Vs. PANA DEVI

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has challenged the order dtd. 9/5/2019, passed by the learned Civil Judge and Judicial Magistrate, Ladnu (hereinafter referred to as the learned trial court), vide which the application under Order VI Rule 17 of the Code of Civil Procedure filed by the plaintiffs- respondents nos.1 and 2 herein has been allowed.

(2.) Facts relevant for the present purposes are that the plaintiffs (respondents nos.1 and 2 herein) filed a suit for permanent injunction seeking an order that the defendants be restrained from raising construction on the disputed vacant portion. It was inter alia, contended that they are legal heirs of Duli Chand, who was owner of the contentious property and thus, entitled for half of the property. The defendants being other legal representatives filed a written statement and came out with a defence that the property in question has divested in them, by virtue of Will dtd. 21/4/2008.

(3.) Faced with such situation, the plaintiffs moved an application dtd. 20/4/2018 under Order VI Rule 17 of the Code of Civil Procedure, 1908 and sought a leave to challenge the Will aforesaid in the pending suit.