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2020 Supreme(All) 126

ALOK MATHUR
Vipin Kumar – Appellant
Versus
District Judge Gonda Distt. Gonda – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Madan Gopal Tripathi, Amit Kumar Singh, Atma Ram Verma.

JUDGMENT :

1. At the very outset learned counsel for the petitioner prays for deletion of respondents No.1 and 2. The prayer is allowed and the parties are renumbered and respondent Nos. 3 and 4 be read as respondent No.1 and 2.

2. Heard Sri M.G. Tripathi, learned counsel for the petitioner.

3. In the light of the proposed order notice to respondents is dispensed with.

4. Petitioner has approached this court challenging the order dated 23.10.2019 passed by District Judge, Gonda in Civil Revision No.20 of 2019 wherein the challenge was made by the petitioner to the order of Civil Judge (Senior Division) dated 11.3.2019 thereby rejecting the objection against the application for taking on record the written statement filed by respondent No.1.

5. The facts in brief of the present controversy are that petitioner and respondent No.2 are real brothers as father of petitioner and respondent No.2, namely, Kishori Lal son of Rameshwar Prasad was married with one namely Smt. Cheelha Devi and out of the said wedlock three sons, namely, Ram Khelawan, Shyam Lal and Chhottan Lal were born. After the demise of Smt. Cheelha Devi Sri Kishori Lal again married with Chhammi Devi and out of the said wedloc

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