Court No. - 19 Case :- CONSOLIDATION No. - 457 of 2010 Petitioner :- Smt. Chandrawati W/O Narain Dutt Respondent :- Deputy Director Of Consolidation, Faizabad & Ors. Petitioner Counsel :- Anoop Srivastava Ii,R.C. Pandey Respondent Counsel :- C.Sc..,I.D. Shukla,S.K. Mehrotra Hon'ble S.C. Chaurasia,J.
Heard learned counsel for the petitioner, learned Standing Counsel , Sri
I.D.Shukla, learned counsel for the opposite parties nos. 2 & 3 and perused
the record.
Learned counsel for the petitioner has submitted that the original tenure
holder, Lalta Prasad died issueless on 13-05-1990 and during his life time, he
had executed a will deed on 08-02-1990 which was registered on 26-03-1990
in favour of the petitioner, Smt. Chandrawati and the mutation application
was moved in the court of Consolidation Officer on the basis of the said
registered will deed and the said application was allowed vide order dated 28-
06-2007. The appeal filed by Jagdish, alleged L.R. of the deceased, as well as
the appeal filed by the opposite parties nos. 2 & 3, Smt. Devpati and Smt.
Prabnhawati, against the said order were dismissed by the Settlement Officer
Consolidation vide order dated 24-06-2009. Feeling aggrieved by the said
order, Jagdish as well as Smt. Devpati & Smt. Prabhawati preferred revisions
in the court of Deputy Director of Consolidation which were disposed of by a
common order dated 25-06-2010 and the revision preferred by Jagdish was
dismissed,but, the revision preferred by Smt. Devpati & Smt. Prabhawati was
allowed and the orders passed by the Consolidation Officer and Settlement
Officer Consolidation were set aside. His contention is that the revisional
court has committed illegality in setting aside the orders passed by the
Consolidation Officer and Settlement Officer Consolidation in favour of the
petitioner by discarding registered will deed executed in favour of the
petitioner.
Learned counsel for the opposite parties nos. 2 & 3 has submitted that the
unregistered will deed dated 08-03-1990 was executed in favour of Smt.
Devpati & Smt. Prabhawati by the deceased, Lalta Prasad and learned Deputy
Director of Consolidation has not committed any illegality in accepting the
said will deed. He has further submitted that O.S. No. 609 of 1990 for
cancellation of the registered will deed dated 26-03-1990 is pending in the
court of Ist Additional Civil Judge(Sr.Division), Faizabad and the petitioner is
adopting delaying tactics in disposal of the said suit.
Under the circumstances, it seems necessary to call for Counter Affidavit.
Issue notices to the opposite parties nos. 4 & 5 returnable at an early date.
Let the steps be taken within a week.
Learned Standing Counsel as well as learned counsel for the opposite parties
nos. 2 to 5 may file Counter Affidavit within a period of six weeks.
Rejoinder Affidavit, if any, may be filed within a period of two weeks
thereafter.
List after expiry of the said period alongwith service report.
It is further directed that both the parties shall cooperate in disposal of the
said original suit no. 609 of 1990 and would not seek unnecessary
adjournments.
Till the next date of listing, both the parties are directed to maintain status-
quo, as exists today, and they shall not transfer the disputed land in any
manner to any third party.
Order Date :- 21.7.2010
AKS