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2025 DAILYLAW 131567 (ALL)

RAHUL VERMA AND 4 OTHERS v. RAJESH KUMAR PATEL AND 12 OTHERS

A227/1878/2025 · 2025-04-05

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19076 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1878 of 2025 Petitioner :- Rahul Verma And 4 Others Respondent :- Rajesh Kumar Patel And 12 Others Counsel for Petitioner :- Jai Prakash Yadav,Shreekant Tewari Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner. 2. The present petition has been filed challenging the order dated 07.10.2022 whereby the application filed by the petitioner was rejected as well as the order dated 12.02.2025 whereby the revision preferred was also dismissed. 3. The facts, as emerged, are that the petitioner claiming himself to be brother of the deceased party moved an application for substitution, simultaneously, an application for substitution was also moved by a person claiming to be the owner by virtue of a registered will. In the entire application, the petitioner could not establish as to how he is claiming right over the property, more so, when he has neither filed any suit for declaration of his rights nor has challenged the registered will executed. 4. In view thereof, I do not find any infirmity in the said two orders warranting interference. 5. The writ petition lacks merit and is dismissed. 6. However, the petitioner would be at liberty to avail such remedies as may be advised under law. Order Date :- 5.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench