Neutral Citation No. - 2025:AHC:74754 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 386 of 2019 Petitioner :- Kashi Ram Respondent :- Pandit (Vijay Kumar ) And 8 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- Ajay Kumar Shukla,Dinesh Kumar,Paritosh Sukla Hon'ble Rohit Ranjan Agarwal,J. 1. The plaintiff-petitioner had instituted an Original Suit No.144 of 2017 praying for relief of permanent injunction and restraining the defendants-respondents not to interfere in the possession of plot No.942 and 914-A. In the said suit, an application for grant of temporary injunction was moved. The trial Court had granted the temporary injunction against which defendants -respondents had filed Misc. Appeal No.18 of 2018, which has been allowed by the order impugned. 2. The entire case of the petitioner hinges that he being the legal heir and family member of one Tode @ Tod, Bode and Kalawanta, who were the real brothers has succeeded to the said property and his name has been recorded in the revenue records. The defendants No.1 and 2 had contested the said suit and had filed objection stating that the Tode had transferred the property in dispute through registered Will in favour defendant No.2 Jokhna Devi. The appellate Court has recorded specific finding while deciding prima facie case that the registered Will still exist in favour of Jokhna Devi and the said fact has been brought on record by defendants No.3 to 5 through an affidavit. As there a registered Will in favour of Jokhna Devi, who has succeeded to the estate of her father Tode, no case for grant of temporary injunction in favour of petitioner is made out. 3. I have heard the respective counsel for the parties and perused the material on record. 4. The appellate Court has recorded specific finding of fact as to the prima facie case and balance of convenience in favour of respondent No.1and 2 holding that Jokhna Devi has succeeded to the property of Tode @ Tod through registered Will as such no case for grant of temporary injunction is made out. 5. Writ petition fails and is hereby dismissed. 6. Interim order, if any, stands vacated. Order Date :- 8.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad