- (1.) This First Appeal has been filed by the appellants against the order dated 22.5.1998 passed by Additional District Judge, Ghaziabad in Execution Case No.10 of 1993 [Pradeep Kumar (decree holder) Versus State of U.P.] by which the unregistered Will deed dated 26.5.1990 executed by Smt. Savitri Devi in favour of respondent no.1 Pradeep Kumar was found to be genuine and the objection raised by the appellants was rejected.
(2.) The facts giving rise to this Appeal are as follows : The appellants and respondent no.1 are the real brothers and sisters. Smt. Savitri Devi was the mother of the appellants and the respondents. There were several movable and immovable properties in the Family. During the life time of Smt. Savitri Devi and her husband Srikishan, the partition Suit was filed by appellant no.1 - Ashok Kumar against Srikishan, Smt. Savitri Devi and Pradeep Kumar. It also appears that the house properties owned by the parties at different places were the subject matter of the partition Suit, which was decreed on 11.1.1978 on the basis of statement on oath made by the parties in the Suit proceeding. It also appears that agricultural land being khasra nos. 29, 30 & 31 situated in village Gijhore, Pargana & Tehsil Dadri, District Ghaziabad, owned by Smt. Savitri Devi were not the subject matter of the partition Suit No.156 of 1976.
(3.) Agricultural land mentioned above was acquired by the New Okhla Industrial Development Authority (In Short ' NOIDA') and Special Land Acquisition Officer passed the award in favour of Smt. Savitri Devi, who feeling aggrieved with the award, preferred Reference before the District Judge, Ghaziabad, which was decided on 24.8.1992. Smt. Savitri Devi had died during pendency of the Reference No.74 of 1992, Pradeep Kumar was substituted in place of Smt. Savitri Devi as legal heir in the Reference proceeding. NOIDA preferred First Appeal before this Court, which was also dismissed in non-prosecution.;