HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6825 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Prabhat Kumar Upadhyay, the learned counsel for the petitioner. 2. By means of the instant petition, the petitioner has sought issuance of a direction to the learned Civil Judge (J.D.), North, Lucknow to decide issues Nos.3, 4, 5 and 6 in the Suit No.1252 of 2021. 3. The aforesaid suit was filed by the respondent No.1 for declaration that a will dated 07.05.2021 is void. The plaintiff has valued the suit at 30 times the annual revenue payable in respect of the property involved in the suit and has paid the Court fee accordingly. 4. The defendant has filed a written statement stating that the market value of the suit property is about Rs.3 crores. Initially, the suit was being fixed for disposal of issues Nos.3, 4, 5 and 6 but it is recorded in the order dated 07.04.2024 that the petitioner does not want to press the issues. Thereafter, the plaintiff has adduced its evidence and while the suit is at the stage of cross-examination of PW-1, the defendant has filed an application praying that issues Nos.3, 4, 5 and 6 be decided first. 5. When the petitioner himself has earlier not pressed the issues, it is not proper on its part to again press for disposal of issues Nos.3, 4, 5 and 6 after the plaintiff has lead its evidence. Moreover, the averments made in para-24 of the plaint regarding valuation of the suit at 30 times the annual revenue payable in respect of the property, prima facie appears to be proper. 6. In these circumstances, there is no good ground to entertain this petition which is dismissed accordingly at the admission stage itself. November 21, 2025 -Amit K- Versus Counsel for Petitioner(s) : Prabhat Kumar Upadhyay Counsel for Respondent(s) : (Subhash Vidyarthi,J.) Arti Singh .....Petitioner(s) Shri Ram Prakash Pandey And 2 Others .....Respondent(s) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench