S.B. Civil First Appeal No. 1086/2025 Vijay Kumar S/o Late Hariprasad Agarwal Bhavsinghka, Aged About 81 Years, R/o Ward No.28 Churu, Tehsil And District Churu (Raj). At Present Resident Of 19-B, Alipur Road, Kolkata Through Power Of Attorney Holder Vijaykant Ojha S/o Jaidev Ojha, Aged About 68 Years, R/o Churu (Raj)

----Appellant Versus

1. Lrs Of Shrawan Kumar S/o Banarasi Lal Bagala, R/o 11, Bride Street, Lengford Road, Bengluru-560025

1/1. Mukta Devi W/o Late Shrawan Kumar, R/o Ward No.53, Churu, At Present -11, Bride Street, Lengford Road, Bengluru-560025.

1/2. Lalit Kumar S/o Late Shrawan Kumar, R/o Ward No.53, Churu, At Present -11, Bride Street, Lengford Road, Bengluru-560025.

1/3. Aparna D/o Late Shrawan Kumar, R/o Ward No.53, Churu, At Present -11, Bride Street, Lengford Road, Bengluru-

560025.

2. Krishan Kumar S/o Shri Banarasi Lal, R/o Ward No. 53, At Present 11, Bride Street, Lengford Road, Bengluru-

560025

3. Pawan Kumar S/o Shri Banarasi Lal, R/o Ward No. 53, At Present 11, Bride Street, Lengford Road, Bengluru-

560025

4. Satyanarayan Temple Trust, Subhash Chowk, Churu Through Attorney Holder Kanhaiyalal, Resident Of-

Bhagwandas Bagala Ki Haveli, Main Market, Churu Raj..

5. Mamta Kanwar W/o Sampat Singh, R/o C-32, Sector Iv, Sainik Basti, Churu, Tehsil And District Churu Raj..

6. Nandu Kanwar W/o Shri Ramsingh Nirban, R/o Village Khinvsar, Tehsil And District Churu Raj..

7. Madan Singh S/o Surjan Singh, R/o Village Khinvsar, Tehsil And District Churu Raj..

8. Onkarmal Prajapat S/o Shri Dalu Ram, R/o - Village Khinvsar, Tehsil And District Churu (Raj..)

9. Ummed Kanwar W/o Shri Roopsingh, R/o - Village Khinvsar, Tehsil And District Churu (Raj..)

----Respondents For Appellant(s) : Mr. Sohan Lal Jain For Respondent(s) : Mr. Deendayal Chitlangi for respondent No. 4 HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Judgment

27/01/2026

1. This civil first appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred by the appellant-plaintiff against the Order dated 16.07.2025 passed by the Additional District Judge, Churu in Civil Regular Suit No.13/2021 titled as “Vijay Kumar vs. LR’s of Shrawan Kumar & Ors.”, whereby application under Order VII Rule 11 and Section 151 of C.P.C. filed by the respondent Nos. 1 & 3/defendants has been allowed and consequently, suit for partition, declaration of trust deed in respect of ancestral property as void and illegal and permanent injunction filed by the appellant-plaintiff has been rejected.

2. The facts of the case necessary for adjudication of the present first appeal are that appellant-plaintiff – Vijay Kumar had filed a civil suit for partition, declaration and cancellation of trust deed executed in respect of ancestral property being void and illegal qua share of the plaintiff and permanent injunction against defendants before the trial court in 2021. In the said suit, plaintiff claimed half ownership of certain properties inherited through a valid will and probate of Late Laxmi Narayan Bagla in favour of his

ancestor Ramrikh Das. It has been pleaded that defendants

unlawfully included these jointly owned properties in a trust and sold portions without authority, therefore, plaintiff sought declaration of his half share, partition by metes and bounds, cancellation/ineffectiveness of the trust deed and illegal sale deeds to the extent of his share and a permanent injunction against further interference or transfer.

3. During pendency of the suit, respondent Nos. 1 & 3- defendants filed an application under Order VII Rule 11 read with Section 151 of C.P.C., objecting to the maintainability of the suit. It has been submitted that plaintiff has based the suit on an alleged Will said to have been executed by Late Shri Laxminarayan Ji Bagla in favour of the plaintiff’s ancestor Late Shri Ramrikh Das Ji, probate of which was granted by the Hon’ble Calcutta High Court on 29.04.1902. However, no such Will conferring ownership upon Late Shri Ramrikh Das Ji was ever executed. Despite specific court d