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2021 Supreme(All) 1135

Virendra Singh – Appellant
Versus
Session Judge at Barabanki, U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Monica Priyadarshini, Rakesh Kumar
For the Respondent: Uma Shankar Sahai, Beena Kishor, Madhav Srivastava, Uma Shankar Sahai

JUDGMENT :

1. Heard learned counsels for appellant, Sri Rakesh Kumar and respondent, Sri U.S. Sahai, Advocates.

2. The instant petition in hand is filed under Article 227 of the Constitution of India invoking the supervisory jurisdiction of this court over the order dated 30.7.2020 of learned Session Judge of District 'Barabanki' passed in exercise of his revisional power over the order dated 22.10.2020 of S.D.M., Nawabganj under Section 145/146 of the Criminal Procedure Code, 1973.

3. Briefly stating, the matter is with regard to dispute as to the harvesting of paddy crop in Plot no.950 situated in village Rustampurwa, Khaspariya, District Barabanki between two brothers, natural heirs of recorded owner Late Krishna Kumari wife of Late Sri Shivpal Singh her sons, namely the petitioner Virendra Singh and opposite party no.6, Brijendra Singh with opposite party no.2 to 5, her grand sons, the sons of opposite party no.6. Late Krishan Kumari who died on 14.8.2020 had executed a registered will on 4.7.2013 in her life time bequeathing all her properties movable and immovable to the grand sons opposite parties no.2 to 5. Since, Late Krishna Kumari was residing with her son Brijendra Singh (

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