Neutral Citation No. - 2025:AHC-LKO:4457 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 257 of 2025 Petitioner :- Nandlal Respondent :- Nirmala Devi And 2 Others Counsel for Petitioner :- Manjeet Singh,Amrendra Bakhsha Das Counsel for Respondent :- Kuldeep Singh Hon'ble Pankaj Bhatia,J. 1. Heard Sri Manjeet Singh, learned Counsel for the petitioner as well as Sri Kuldeep Singh, learned Counsel for the respondents. 2. The present petition has been filed challenging the order dated 22.05.2024, whereby, the injunction was refused and the order dated 12.12.2024, whereby, the appeal was dismissed. 3. The facts in brief are that the petitioner and the respondent no.2 are the real brothers. The petitioner claimed that he was entitled to the property left by the father by virtue of succession to the extent of half of the property, however, the respondent no.2, just one day before his death, had got a Will deed executed, which is under challenge in the suit in question. The petitioner also claimed that on the basis of the Will mutation proceedings were got carried out, however, the Will was challenged in a suit, in which, an injunction was also preferred. The trial court rejected the injunction application mainly on the ground that the Amin report furnished did not demonstrate prima facie case in favour of the petitioner. 4. The Counsel for the petitioner states that the son and the daughter of the petitioner were staying with their grandfather, which demonstrates from the academic record. He thus argues that the petitioner was in possession over the property in question. 5. Both the parties agree that the issue of Will is decided expeditiously so that the litigation come to an end. In view of the same, the present petition is allowed quashing both the orders dated 22.05.2024 and 12.12.2024 and directing the parties to maintain status quo with regard to the title and possession during the pendency of the suit. 6. The trial court is directed to frame issues as may arise in between the parties and make an endeavour to decide the issues with regard to validity of Will as a preliminary issue without giving any unnecessary adjournment to any of the parties with all expedition preferably within a period of six months from the date of production of a certified copy of this order. 7. It is clarified that none of the parties shall not alienate any part of the property in question. Order Date :- 23.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench