IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S BHATTI ON THE 13^th OF OCTOBER, 2022 MISC. PETITION No. 4445 of 2022 BETWEEN:-

1. VINOD KUMAR SONKAR S/O LATE SHRI BADKU @ HIRAMAN SONKAR, AGED ABOUT 69 YEARS, R/O HOUSE NO. 223, IN FRONT OF HOUSE OF ACHHELAL SONKAR (FORMER MLA), BHARTIPUR, JABALPUR. (MADHYA PRADESH)

2. BASANT SONKAR S/O LATE SHRI BADKU @

HIRAMAN SONKAR, AGED ABOUT 57 YEARS, RESIDENT OF BEHIND CHURCH BHARTIPUR JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI AMIT VERMA, ADVOCATE)

AND

1. SMT. KIRAN SONKAR W/O MAAKHAN SONKAR, AGED ABOUT 54 YEARS, R/O 414/1, BHAVANI CHOWK, RADHAKRISHNA WARD THANA HANUMATAL JABALPUR. (MADHYA PRADESH)

2. SMT. RAMPYARI SONKAR W/O SHRINATH SONKAR, AGED ABOUT 64 YEARS, RESIDENTS OF BHARTIPUR JABALPUR BEHIND VINOD SONAKRS HOUSE (MADHYA PRADESH)

3. LALA @ SAVITRI SONKAR W/O DAS SONKAR, AGED ABOUT 69 YEARS, RESIDENT OF BHARTIPUR JABALPUR BEHIND VINOD SONKARS HOUSE (MADHYA PRADESH)

4. SMT. MISSOBAI SONKAR W/O TARACHAND SONKAR, AGED ABOUT 74 YEARS, RESIDENT OF BEYOHAARBAG JABALPUR (MADHYA PRADESH)

5. NARESH SONKAR S/O LATE SHRI BADKU @HIRAMAN SONKAR RESIDENT OF BEHIND CHURCH BHARTIPUR JABALPUR (MADHYA PRADESH)

Signature Not Verified Signed by: NAVEEN

6. PRASAN KUMAR SONKAR S/O LATE SHRI BADKU @ HIRAMAN SONKAR RESIDENT BY THE SIDE OF VINOD SONKAR AND IN FRONT OF HOUSE OD ACGCHWLAAL SONKAR X MLA BHARTIPUR JABALPUR (MADHYA PRADESH)

7. STATE OF MADHYA PRADESH THROUGH COLLECTOR JABALPUR DISTRICT JABALPUR (M.P.) (MADHYA PRADESH)

8. SMT. RAGINI W/O RAJU RESIDENT OF H.NO. 79 NEHRU WARD BINA TEHSIL BINA DISTRICT SAGAR (M.P.) (MADHYA PRADESH)

9. SMT. SUSHMA W/O RAJESHWAR DAYAL SONKAR RESIDENT OF NABADAD TEHSIL JHANSI DISTRICT JHANSI (U.P.) PIN CODE

284001 (UTTAR PRADESH)

10. SHASHI ANAND S/O LATE SHRI BRIJ LAL SONKAR RESIDENT OF H.NO. 239/1 H.NO.229TO 269/5GALGALA NEAR LAL SCHOOL TEHSIL AND DISTRICT JABALPUR (M.P.) (MADHYA PRADESH)

11. RISHI ANAND SONKAR S/O LATE SHRI BRIJ LALA SONKAR RESIDENT OF H.NO. 239/1 H.NO.229 TO 269/5GALGALA NEAR LAL SCHOOL TEHSIL AND DISTRICT JABALPUR (M.P.)

(MADHYA PRADESH)

12. AVINASH SONKAR S/O NARESH SONKAR, AGED ABOUT 24 YEARS, RESIDENT OF GURANDI BAZAR BEHIND OMTI TEHSIL POLICE STATION OMTI TEHSIL DISTRICT JABALPUR (M.P.)

(MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SHARAD GUPTA, ADVOCATE)

This petition coming on for hearing this day, the court passed the following:

ORDER

This is a petition under Article 227 of the Constitution of India assailing the order dated 27/08/2022 passed by the trial court by which an objection raised by the present petitioners/defendant nos. 1 and 3 as regards the issues Signature Not Verified Signed by: NAVEEN framed on 26/07/2022 has been declined.

Counsel for the petitioners/defendants submits that a suit has been filed by the respondents Smt. Kiran Sonkar, Smt. Rampyari, Lala @ Savitri Sonkar and Smt. Missobai Sonkar before the court below praying interalia that they be declared owner of the 1/9th share of the property which was owned and in possession of their father Badku Bhaiya @ Heeraman Sonkar. In the said suit it is pleaded by the plaintiff that late Badku Bhaiya @ Heeraman Sonkar did not execute any will and a forged will dated 14/04/2006 was prepared by the defendant no.1 and on the basis of said forged will the name of defendant no.1 was mutated in the revenue records. In the said suit the present petitioners/defendant no.1 has filed written statement in which it is stated by the present petitioners that late Badku Bhai @ Heeraman Sonkar has executed a 'will' dated 14/04/2006 in his favour and on the basis of said 'will' the entire disputed property was recorded in the name of defendant no.1 in the revenue records. Defendant no.9 has also filed a separate suit while submitting intealia that late Badku Bhaiya @ Heerman Sonkar executed a will on 15/05/2006 and it was notarized on 24/05/2006 by which 1 and 1/2 share of the property in question was bequeathed to defednant no.1. Both the suits were consolidated vide order da