JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Shri Surendra Kumar Chaubey, Counsel for the petitioner, Shri Rakesh Pandey, learned Senior Advocate, assisted by Shri Jitendra Kumar Yadav, Counsel for respondent No. 4.

2. The brief facts of the case are that petitioner and respondent No. 4 are real brothers. A registered will deed was executed by petitioner’s father Vijay Prasad on 17.01.2002 in favour of petitioner in respect of his entire property situated in Village Sonvarsha, Bahuara and Araji Mafi Bal Govind Ram Upadhaya. Petitioner’s father Vijay Prasad died on 12.10.2009, accordingly petitioner applied for mutation of his name on the basis of registered will deed executed on 17.01.2002 by late Vijay Prasad. The cases were registered as Case Nos. 552, 553 and 554. Respondent No. 4 also applied for mutation of his name on the basis of a will deed executed on 28.01.2002 which were registered as Case Nos. 626, 627 and 628. During pendency of the mutation case, respondent No. 4 filed a civil suit No. 333 of 2010 challenging the validity of the will deed dated 17.01.2002 executed in favour of the petitioner. However, respondent No. 4 and petitioner have entered into a compromise on 02.01.2