SUNNY JOHAR Vs. BHUPENDRA PRATAP SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, whereby and whereunder, order dtd. 29/11/2022 passed by the Judicial Commissioner, Ranchi in Misc. Civil Application No.26 of 2021, arising out Civil Appeal No.22 of 2020 has been challenged whereby the learned court while set aside the order of abetment, has come to the conclusion based upon the registered Will dtd. 9/8/2017 that the petitioner has a right to step into the shoes of deceased/appellant, as such, the prayer for impleading/substituting Bhupendra Pratap Singh and Akil Ahmad in Civil Appeal no.22 of 2020 after deleting the name of appellant, namely Pushpa Lata has been allowed.

(2.) The brief fact of the case as per the pleading made in the petition which requires to be enumerated, reads as under:-

(3.) It is the case of the petitioner that Saroja Rani, since deceased mother of the petitioner and the Proforma Opposite Party Nos. 3 and 4 filed Partition Suit No. 154 of 1985 against her mother Rani Brij Mani and her sister namely Sneh Lata Goel and Miss Pushpa Lata claiming a decree for partition of 1/4th a decree for Share in the various properties mentioned in Schedule-B and C to the plaint.