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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Bhauri Devi, D/o. Badri – Appellant
Versus
Mahendra Kumar, Son Of Sarvan – Respondent
Judgment :
BIPIN GUPTA, J.
1. The present writ petition has been filed assailing the order dated 24.02.2022 passed by the learned Additional Civil Judge & Judicial Magistrate No.17, Jaipur Metropolitan-I, Sanganer in Civil Suit No.77/2017, whereby the application filed by the petitioner-plaintiff under Order 26 Rule 10-A CPC has been rejected.
2. The brief facts of the case are that a suit was filed by the plaintiff-petitioner, for declaration of the will dated 10.04.2014, to be null and void and for permanent injunction, contending therein that the plaintiff-petitioner is daughter of Shri. Badri and Defendant No.2-Smt. Bila Devi is the wife of Shri. Badri and mother of plaintiff-petitioner. Badri has expired on 14.01.2017.
2.1 Late Shri. Badri was having agriculture land, which was an ancestral land recorded in the name of Shri Badri; father of the plaintiff-petitioner who had half share in the property. Out of this land, some was acquired for the Central Spine Scheme by RIICO and father of the plaintiff-petitioner got eight plots through different allotment letters in lieu of his share in the land.
2.2 A Will dated 10.04.2014, which was registered was executed by her father, whereas h
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