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MA No. 2908 of 2017. Case: Janardan Giri Vs Dhanwati Devi and Others. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberMA No. 2908 of 2017
CounselFor Appellant: Abhishek Kumar Chaubey, Adv.
JudgesManoj Misra, J.
IssueConstitution of India
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Manoj Misra, J.

Heard learned counsel for the petitioner.

The submission of learned counsel for the petitioner is that it is admitted case between the parties that Surya Dev Giri was the original owner and he had three sons, namely, Udai Narayan Giri, Ram Pravesh Giri and Janardan Giri (petitioner). It has been submitted that Surya Dev Giri had executed a registered Will dated 29.10.2003 in favour of his three sons including the petitioner but subsequently, by setting up an imposter, another registered Will dated 15.12.2010 was set up by Dhanwati Devi, who was wife of Ram Pravesh Giri (brother of the petitioner). It has been submitted that Suit No. 266 of 2016 was instituted for cancellation of the subsequent Will as also for injunction seeking to restrain the defendants from ousting the plaintiff- petitioner from the land in dispute. It has been submitted that both the courts below have rejected the interim injunction application primarily on the ground that the subsequent Will was a registered Will, cancellation of which was sought, therefore no prima facie case was made out. It has been submitted that the execution of the Will dated 15.12.2010 was challenged and it was disclosed that the previous Will executed in the year 2003 was not mentioned in the subsequent Will which suggested that the subsequent Will was a bogus document and, in...

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