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2024 Supreme(All) 517

ARUN KUMAR SINGH DESHWAL
Uma Shashi Verma Memorial Charitable Trust Faizabad – Appellant
Versus
State Of U. P. Through Collector Faizabad – Respondent


Advocates Appeared:
For the Appellant : R.K.Srivastava, Vinod Pandey
For the Respondent: Pankaj Kumar Tiwari, Pradeep Kumar Shukla, Ravi Kishore Joshi

JUDGMENT :

1. Heard Sri Rakesh Kr. Srivastava, learned counsel for the appellant and Sri Pradeep Kumar Shukla, learned counsel for respondent No.7. No one has appeared on behalf of the other respondents, despite service of notice.

2. The present appeal was filed against the order dated 22.5.2013 passed by Additional District Judge-I, Court No. 1, Faizabad in Misc. Non Related Case No. 17 of 2000.

3. The crux of the matter is that one Dr. Ram Nath Verma, after death of his wife Smt. Uma Shashi Verma, executed a trust deed dated 19.12.1995, creating a trust in the name of his wife viz. Smt. Uma Shashi Verma Memorial Charitable Trust, Faizabad. In the said trust deed, it was also mentioned that he would execute a Will for the administration regarding the trust. The above Dr. Ram Nath Verma died on 18.10.1999. Thereafter, an application u/s 276 of Indian Succession Act, 1925 was filed by the appellant-trust through its Chairman, Dr. Brijendra Kumar Saxena @ Basantji for grant of probate of Will dated 9.9.1999 claimed to be executed by Dr. Ram Nath Verma. That application was contested by respondents No. 2, 3, 4 and 5, who filed objections regarding the Will dated 9.9.1999. Therefore, that

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