INDIRA DEVI Vs. REKHA PANDEY AND OTHERS

JUDGEMENT

(1.) Having heard the rival submissions made by learned Counsel for the parties, it transpires that the ageold civil litigation is persisting between them over the property situated in Rishikesh town. Smt. Indira Devi, the petitioner herein, filed an Original Suit seeking injunction to protect her possession over the property on the basi s of some unregistered Will. On the other hand, a counter-claim was also filed seeking the recovery of possession from Smt. Indira Devi and that too was also on the basis of two unregistered Wills.

(2.) As the litigation proceeded, the learned Civil Judge was constrained to manifest his opinion regarding the validity of the Wills of either of the parties and it was held that the two unregistered Wills in favour of Prahlad Rai were genuine, while the Will in favour of Smt. Indira Devi was forged one. Appeal against such injunction was preferred in the Court of District Judge, where also the petitioner could not find any favour. So, in execution proceedings pursuant to the decree of the Court, Smt. Indira Devi was ousted from the possession and, now, she is living at Kashipur in District Udham Singh Nagar.

(3.) It has been argued by the learned Counsel for the petitioner that the course of action warranted for the Civil Judge was to stay the ongoing civil litigation and to ask both the parties to seek probate of their respective Wills.