Devendra Kumar Upadhyaya,J.: -

Notice on behalf of respondent no.1 has been accepted by Shri Amit Kumar Singh, Advocate, who has lodged a caveat on his behalf.

2. Learned counsel for the petitioners has prayed for dispensing with the requirement of issuing notices to respondent nos. 2, 3 and 4 for the reason that respondent no.2 is the son of petitioner no.1 and respondents no.3 and 4 are her grand sons and they have been arrayed as proforma respondents.

3. Accordingly, notices to respondents no.2, 3 & 4 are dispensed with.

4. Learned counsel for the petitioners has stated that the learned trial court as well as the learned appellate court below have not taken into consideration the circumstances, specially the fact that since the son and grand sons of the petitioner no.1 are well placed, there was no occasion for the plaintiff to have executed the sale deed in respect of the property in suit. He has also drawn attention of the Court to the averments made in paragraph 37 of the written statement wherein contrary statement has been made as regards the payment of sale consideration.

5. Keeping in view the over all facts and circumstances of the case and with the consent of learned