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RAKESH TIWARI, ANIL KUMAR SHARMA
Sudha Sharma – Appellant
Versus
Shashi Bala Sharma – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Umesh Vats, Advocate.
For the Respondent:Anoop Trivedi, Advocate.

JUDGMENT

Anil Kumar Sharma, J.—Challenge in this appeal is to the order dated 21.5.2011 passed by Addl. Civil Judge (S.D.). Court No. 2. Ghaziabad in OS No. 859 of 2006 whereby issue No. 8 regarding payment of Court-fee has been decided against the appellant and she has been directed to pay advoleram Court-tee on relief-A at Rs. 40,00,000.

2. Facts germane to the appeal are that the plaintiff/appellant filed aforesaid suit for declaration that the Will dated 16.7.2004 (the 2004 Will) is void. ineffective and had been executed without free Will of Smt. Pushp Kirti Sharma and the plaintiff is entitled to get suit property according to Will dated 17.1.1991 (the 1991-Will) and the declaration of the Court be intimated to Sub-Registrar, Ghaziabad. The plaintiff further sought relief of injunction restraining the defendant from interfering in plaintiffs possession over house No. KK-160, Kavi Nagar, Ghaziabad and she be restrained from alienating the house on the basis of the 2004-Will. By way of amendment in the plaint, the plaintiffs further sought declaration to the effect that the 1991 Will executed by late Smt. Punay Kirti Sharma is valid and had been executed by her own free Will. T































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