- (1.) HEARD Sri H.S. Jain, learned counsel for revisionists, Sri B.K. Saxena, learned counsel for O.P. No. 1 Sri Vinay Kant Shukla, learned counsel for O.P. Nos. 2 & 5 and perused the record.
(2.) INITIALLY , Sri Kunwar Krishna Dhaon (now deceased) and Dr. (Mrs.) Rashmi Dhaon, filed a Suit for permanent and mandatory injunction, registered as Regular Suit No. 174 of 2006 (Kunwar Krishna Dhaon Vs. Udai Krishna Dhaon), pending in the court of Additional Civil Judge (Sr. Div.), Court Room No. 20, Lucknow on 17th May, 2006.
(3.) DURING the pendency of the suit, Sri Kunwar Krishna Dhaon, died, as such, substituted by his legal representatives, namely, Avishkar Krishna Dhaon, Km. Shirsti Dhaon and Indra Krishna Dhaon. On 25.10.2006, defendant No. 1 field a written statement and filed counter claim, therein with the following relief: - "81. (sic) That the Defendant no. 1, by way of Counter Claim as provided Under Order VIII Rule 6(six) A CPC prays for the following reliefs. 1. Decree for possession in respect of one room and one Kothri situated on the second floor of house no. 33/A, Khun Khun Ji Road, Chowk, Lucknow as fallen in the share of the Defendant no. ! As per the Will dated 08.11.2012 (Eight November, Two Thousand Two) as stated in paras 69 above may kindly be passed in favour of the Defendant No. 1 against the Plaintiffs and their agents. 2. Costs of the Counter Claim may kingly be awarded to the Defendant No. 1 against the Plaintiffs. 3. Such other relief(s) as this Hon'ble Court may kindly deem just and proper in the circumstances of the case, may kindly be passed in favour of the Defendant of No. 1 against the Plaintiffs..";