Bhauri Devi VS Mahendra Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BIPIN GUPTA
Bhauri Devi – Appellant
Versus
Mahendra Kumar – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Anil Mehta, Sr. Advocate assisted by Mr. Raj Kamal Gaur and Mr. Yashodhar Pandey
For the Respondents: Mr. Prahlad Sharma with Mr. Ramprasad Sharma, Mr. Khem Singh Rajawat, Mr. Lakhan Sharma, Mr. Akshay Sharma

JUDGMENT

The present writ petition has been filed assailing the order dated 24.02.2022 passed by the learned Additional Civil Judge & Judicial Magistrate No.17, Jaipur Metropolitan-I, Sanganer in Civil Suit No.77/2017, whereby the application filed by the petitioner-plaintiff under Order 26 Rule 10-A CPC has been rejected.

2. The brief facts of the case are that a suit was filed by the plaintiff-petitioner, for declaration of the will dated 10.04.2014, to be null and void and for permanent injunction, contending therein that the plaintiff-petitioner is daughter of Shri. Badri and Defendant No.2-Smt. Bila Devi is the wife of Shri. Badri and mother of plaintiff-petitioner. Badri has expired on 14.01.2017.

2.1 Late Shri. Badri was having agriculture land, which was an ancestral land recorded in the name of Shri Badri; father of the plaintiff-petitioner who had half share in the property. Out of this land, some was acquired for the Central Spine Scheme by RIICO and father of the plaintiff-petitioner got eight plots through different allotment letters in lieu of his share in the land.

2.2 A Will dated 10.04.2014, which was registered was executed by her father, whereas he had no right t