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2010 Supreme(All) 823

D.K.ARORA
KRISHNA KUMAR – Appellant
Versus
COURT OF DISTRICT REGISTRAR/A. D. M. (F&R),RAIBARELI – Respondent


Advocates:
Counsel :
Puneet Chandra for the Petitioners; H.S. Tiwari for the Respondents.

JUDGMENT

Hon’ble D. K. Arora, J.—Heard Sri Puneet Chandra, learned counsel for the petitioners and Sri H.S. Tiwari, learned counsel for the opposite parties.

2. By means of present writ petition, the petitioners are seeking a writ of certiorari for quashing the order dated 9.11.2009 passed by the District Registrar/ Additional District Magistrate (Finance & Revenue), district Raebareli in Vad Sankhya 1/2009; Smt. Ramraj Devi v. Up-Nibandhak, Tiloi and others, under Section 72 (1) of Indian Registration Act, 1908 (here-in-after referred to as the Act). The petitioners have also sought a writ of mandamus commanding the opposite parties not to enforce the Will at anywhere and restrain the Registrar of Raebareli not to register any sale deed, transfer deed, mortgage deed or any other document which relates to the Will.

3. The submission of counsel for the petitioners is that late Sri Jagannath Prasad Srivastava died leaving behind four sons, namely, (1) late Sri Lalta Prasad, (2) late Sri Mangali Prasad, (3) late Sri Narmada Prasad and (4) late Sri Jamuna Prasad. Late Sri Lalta Prasad is having two sons, namely, Sri Hausala Prasad and Sri Krishna Kumar. Late Sri Mangali Prasad had no is


























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