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2016 Supreme(MP) 1064

SANJAY YADAV
Sharmila Tagore – Appellant
Versus
Saidullah Khan – Respondent


Advocates Appeared:
For the Petitioner: Shri. R.K. Pancholi, Learned Counsel
For the Respondent: Shri. Kishore Shrivastava, learned Senior Counsel with Shri Kapil Jain, learned counsel

ORDER :

Sanjay Yadav, J.

Order-dated 5.3.2013 passed in Regular Civil Suit No. A/625/2011, whereby an application under Order 1, Rule 10 of the Code of Civil Procedure, 1908 filed by the petitioners, has been dismissed, is being assailed vide this petition under Article 227 of the Constitution of India.

2. The Civil Suit in which petitioners sought impleadment is at the instance of respondent No.1 for declaration, permanent injunction and declaration that Will dated 12.1.1991 and Letter dated 3.1.1955 is forged and non est in the eyes of law and for recovery of possession against respondents No.2 to 9 in respect of Cottage No.9 bearing Khasra No.65 (though petitioner alleges that the suit property is situated over Khasra No.56, 64 and 65) situated at Sultania Road, Koh-e-Fiza, Bhopal admeasuring 1.46 acres, on the plea that respondents No.2 to 9 have manufactured a forged and fabricated Will stating that their father Captain Asadullah Khan had given the suit property; whereas, his father was not the owner of suit property but was given for residence by Late Nawab Hamidullah Khan being an A.D.C. The title over the suit property is being set up by the plaintiff on the contentions that


































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