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2024 Supreme(All) 1020

ALOK MATHUR
Abdul Hasan – Appellant
Versus
First Addl. Dist. Judge Pratapgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shailesh Kumar Srivastava.
For the Respondents: Akshat Kumar, Ankit Pande, Malkhan Singh, Sanjay Kumar Srivastava.

JUDGMENT :

ALOK MATHUR, J.

1. Heard Sri Shailesh Kumar Srivastava, learned counsel for the petitioner as well as Sri Sanjay Kumar Srivastava, learned counsel appearing for the respondents.

2. The petitioner by means of the present writ petition has challenge order dated 26.02.2019 passed by the 1st Additional District Judge Pratapgarh in Civil Revision No. 60 of 2015 (Abdul Hasan and others versus Shrimati Shobha Rani) as well as the order dated 31/07/2015 passed by the Additional Civil Judge (Junior Division) Pratapgarh in Execution Suit No. 23 of 1980 (Bismilla Begam versus the Ramraj Kunwari)

3. The brief facts of the case are that Raja Jagat Ranvir Bahadur Singh, a Taluqdar of Kaithola Estate, was the owner of the disputed property and had adopted Raja Jagat Ranvir Mahesh Prasad Singh by means of an adoption deed. He further executed will on 27/12/1945 in favour of Raja Jagat Ranvir Mahesh Prasad Singh and gave all his property to him. He executed a deed dated 29-05-1935 in favour of his wife Rani Dharam Raj Kuer respondent No. 9 in respect of this house and some other property. It has been submitted that under this deed Rani Dharam Raj Kuer was granted a heritable but non-transfer

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