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2019 Supreme(MP) 343

G.S.AHLUWALIA
Basanti Bai (Smt. ) – Appellant
Versus
Sheela Bai – Respondent


Advocates:
Advocate Appeared:
V. K. Bhardwaj with Ms. Priyansha Mangal for petitioner; Sarvesh Kumar Sharma for respondents.

ORDER

1. This petition under Article 227 of the Constitution of India has been filed against the order dated 14.3.2019 passed by Civil Judge, Class-I, Kurwai District Vidisha in Civil Suit No. 29-A/2018, by which the application filed by the petitioner under Order 18 rule 3 of CPC has been rejected.

2. The necessary facts for disposal of the present petition in short are that the petitioner has filed a suit for declaration of title as well as for permanent injunction pleading inter alia that the original owner Pranchand had three daughters namely Laxmi Bai, Basanti Bai and Savitri Bai. He died without leaving any "Will". One of the daughter of Pranchand namely Laxmi Bai got her name mutated in the Nagar Panchayat record on the basis of some illegal "Will" purportedly executed by Pranchand. It was pleaded that the defendants No. 2 to 6 are claiming that Laxmi Bai had executed a "Will" in their favour. However, the "Will" is illegal and without any authority because Laxmi Bai is not the sole owner and in possession of the property in dispute mentioned in Schedule - A. It was further pleaded that on the basis of another "Will" executed by Laxmi Bai, defendant No. 1 is also claiming her

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