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Neutral Citation No. - 2025:AHC:24494-DB Court No. - 29 Case :- WRIT - C No. - 4705 of 2025 Petitioner :- Dinanath Respondent :- State Of Uttar Pradesh And 10 Others Counsel for Petitioner :- Awadhesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos. 1 to 9.
2. The petitioner wants this Court to issue a direction to respondent Nos. 2 to 4 to conduct enquiry with regard to date of death of Late Jheena in the family register.
3. There appears to be an issue with regard to the validity of the will executed by Late Jheena in favour of petitioner's father. The will is being objected on the ground that Jheena had already died on the date when the will was executed.
4. The question is on what date Late Jheena died, is an aspect of enquiry which can be conducted by the civil Court. In summary proceeding before the authorities, such disputed question cannot be resolved. The remedy of the petitioner is to approach the competent civil Court for necessary declaration. Any order in summary proceeding for recording the date of death would otherwise remain subject to adjudication made by the competent Court.
5. In view of above, no further order is called for. The writ petition is consigned to record. Order Date :- 18.2.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad