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Neutral Citation No. - 2025:AHC:39078 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2649 of 2025 Petitioner :- Ramraj Respondent :- Surati Devi And Another Counsel for Petitioner :- Manoj Kumar Pandey Hon'ble Rohit Ranjan Agarwal,J.
1. This is plaintiff's petition. In a suit instituted by the plaintiff- petitioner for cancellation of Will executed by his father Balai in favour of defendant-respondent No.1, an application for grant of temporary injunction was moved, which has been rejected by both the courts below.
2. Learned counsel for the petitioner submits that Court below was not correct in rejecting the temporary injunction application as the name of defendant No.1, till date, has not been recorded in the revenue record though the alleged Will has been executed by his father in favour of respondent No.1. According to him, as the plaintiff was living outside, the Will was executed in favour of defendant No.1 by Balai.
3. I have heard the learned counsel for the petitioner and perused the materiel on record.
4. From perusal of the findings recorded by both the Courts below, I find that a registered Will was executed by Balai in favour of Surati Devi wife of Dharm Raj. The proceedings for mutation is pending consideration before the Court below.
5. Once it is a registered document, the presumption is that the Will was executed by Balai in favour of Surati Devi. As far as the question of proving the Will is concerned, the same shall arise when the issues are framed and evidence are led by the parties.
6. Prima facie no case for interference is made out. Writ petition is misconceived.
7. Dismissed. Order Date :- 19.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad