- (1.) Heard Sri Puneet Chandra, learned Counsel for the Petitioners and Sri H.S. Tiwari, learned Counsel for the opposite parties.
(2.) By means of present writ petition, the Petitioners are seeking a writ of certiorari for quashing the order dated 09.11.2009 passed by the District Registrar/Additional District Magistrate (Finance & Revenue), district Raebareli in Vad Sankhya 1/2009 Smt. Ramraj Devi v. UP Nibandhak, Tiloi and Ors. under Section 72(1) of Indian Registration Act, 1908 (hereinafter referred to as the Act). The Petitioners have also sought a writ of mandamus commanding the opposite parties not to enforce the Will at anywhere and restrain the Registrar of Raebareli not to register any sale deed, transfer deed, mortgage deed or any other document which relates to the Will.
(3.) The submission of counsel for the Petitioners is that late Sri Jagannath Prasad Srivastava died leaving behind four sons, namely, (1) late Sri Lalta Prasad, (2) late Sri Mangali Prasad, (3) late Sri Narmada Prasad and (4) late Sri Jamuna Prasad. Late Sri Lalta Prasad is having two sons, namely, Sri Hausala Prasad and Sri Krishna Kumar. Late Sri Mangali Prasad had no issue, late Sri Narmada Prasad was unmarried and late Sri Jamuna Prasad is having three sons, namely, S/Sri Ram Chander, Shiv Kumar and Suresh Chandra Srivastava.;