High CourtsSingle Bench(2010) 11 P&H CK 0408

Balbir Singh vs Avtar Singh and Others

Punjab And Haryana At Chandigarh · Decided on 16 November 2010

HON’BLE JUDGES
Hemant Gupta, J
CASE NUMBER
C.R. No. 4646 of 2010

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Judgment

6 paragraphs · 213 words

Hemant Gupta, J.—Defendant No. 1 is in revision aggrieved against an order passed by the learned trial Court on 30.03.2009 restraining the said Defendant from alienating the suit property and the order passed in appeal on 23.03.2010 dismissing the appeal against such order.

2.

The Plaintiff-Respondent has filed suit for declaration claiming half share alongwith Defendant No. 8 on the basis of registered Will dated 06.12.2000 executed by his maternal grand-father. Defendant No. 1 is the son of the deceased, whereas the other Defendants are widow and daughters of the deceased.

3.

Learned Counsel for the Petitioner has vehemently argued that the Petitioner is natural heir of the deceased, whereas all other natural heirs have consented to inheritance of the estate of Bhagat Singh on the basis of Will dated 22.09.2001.

4.

The question; whether the deceased has executed Will in favour of the Plaintiff or in favour of Defendant No. 1 is subject matter of evidence. Therefore, the injunction granted is to protect the estate of the deceased and for the reason that the interest of third parties is protected.

5.

I do not find any patent illegality or irregularity in the orders passed by the Courts below, which may warrant any interference by this Court in its revisional jurisdiction.

6.

Dismissed.