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2006 Supreme(All) 332

S.N.SRIVASTAVA
ANAR DEVI – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, AGRA – Respondent


Advocates:
Counsel :
R.N. Sharma and A.K. Sharma for the Petitioners; V.K. Singh, S.C., V.D. Ojha, C.S.C., for the Respondents.

JUDGMENT

Honble S.N. Srivastava, J.—This writ petition is directed against the order dated 13-1-2006, passed by the Deputy Director of Consolidation, Agra by which he has permitted contesting Opposite Party No. 2 herein to get examined thumb impression from expert as prayed by Jeetpal-revisionist.

2. The facts giving rise to the present petition are that the dispute relates to one-third share of Jamuna Prasad son of Shiv Singh. After the death of Jamuna Prasad, his property devolved upon his two sons Ram Dayal and Ram Chandra, who were issueless. Ram Dayal predeceased Ram Chandra. According to petitioners, Ram Chandra executed a registered will in their favour on 16-4-1971 in respect of his moveable and immoveable properties. Ram Chandra died on 13-8-1978. On the basis of the registered will, petitioners filed an application for mutation before Tehsildar, Bah, District Agra, which was allowed on 22-7-1978. Contesting Opposite Parties-Kali Charan, Sripal and Devi Ram also filed an application for mutation on the basis of some unregistered will and got some ex parte orders on 12-2-1978 for mutation. But, on the basis of notification under Section 4 of the U.P. Consolidation of Holdings

























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