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Allahabad High Court

Ajeet Singh & Another vs Dy. Director Of Consolidation, ... on 10 August, 2010

Author: Vikram Nath

Bench: Vikram Nath

Court No. - 5

Case :- WRIT - B No. - 46927 of 2010

Petitioner :- Ajeet Singh & Another
Respondent :- Dy. Director Of Consolidation, Bulandshahar & Others
Petitioner Counsel :- H.N. Sharma
Respondent Counsel :- C.S.C.

Hon'ble Vikram Nath,J.

Admit.

Issue notice.

Counsel for the petitioners has submitted that after the revision filed by the respondents had been dismissed on 26.8.09, recall application was filed on 23.9.09 on the ground that the predecessor in interest of the petitioners and the respondents Balwant Singh had executed a Will in the year 1968, and therefore, the rights of the parties may be determined as per the said Will. The submission is that firstly this could not have been a ground for filing a recall application and secondly the claim on the basis of the Will raised for the first time after lapse of 40 years was not bonafide.

Till further orders of the Court, the effect and operation of the impugned order dated 8.6.2010 passed by the respondent No.1, Annexure No.1 to the writ petition shall remain stayed.

Order Date :- 10.8.2010 SFH