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2023 Supreme(All) 1713

ASHUTOSH SRIVASTAVA
Sharda Singh – Appellant
Versus
Yashpal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ram Chandra Uttam.

JUDGMENT :

1. Heard Shri Ram Chandra Uttam, learned counsel for the petitioner.

2. Considering the nature of the order that is proposed to be passed the notice upon the respondent Nos. 1 to 3 is being dispensed with.

3. The instant petition under Article 227 of the Constitution of India has been instituted to direct the learned Civil Judge (Junior Division) 6th Mathura to proceed with and decide the Original Suit No. 578 of 2022 (Sharda Singh Vs. Yashpal Singh and others) pending before it expeditiously within a time frame fixed by the Court.

4. It is the case of the petitioner that she is a widow lady of 79 years of age. Her late husband Colonel Suryapal Singh (retired) has bequeath a House bearing No. 1/170-A, area 500 square ft. situate at Brij Ganga Residency-9, Civil Lines, Mathura under a registered Will dated 24.06.2016. The respondents herein who are the sons and daughters of the petitioner have also been Willed a flat each under the registered Will aforesaid. All the contesting parties are in possession of there respective properties. The eldest son of the petitioner namely Chetan Kumar Singh is residing with her. The respondent no. 1 was permitted to reside in the house of th

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