9911796707
TMI Blog2024 (4) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... aid respondent has been substituted as appellant/plaintiff. 2. Heard and considered. 3. It appears that deceased appellant-Usha Tiwari, who happened to be the mother of respondent as well as petitioner No. 1 filed a suit for permanent prohibitory injunction in respect of property bearing House No. 36 BB, 2nd Extension, Gandhi Nagar, Jammu against the petitioners herein before 2nd Additional Munsiff, Jammu. The said suit was filed by appellant-Usha Tiwari through her son and power of attorney holder, the respondent herein. In the suit, it was pleaded by the appellant/plaintiff that she is the exclusive owner in possession of the said property and the defendants/petitioners have no concern with the same. 4. Vide order dated 30.01.2017, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as personal to original plaintiff-Smt. Usha Tiwari, who happened to be the mother of petitioner No. 1 and the respondent and with her death, the cause of action does not survive in favour of the respondent. It has been further contended that in terms of the Will executed by Late Usha Tiwari, she had bequeathed the house situated at Gandhi Nagar, Jammu in favour of petitioner No. 1, who is in peaceful possession thereof, therefore, on this ground also, no cause of action survives in favour of the respondent. It has been further contended that in another suit between the parties relating to flat at New Friends Colony, New Delhi in which the respondent had sought a permanent prohibitory injunction against petitioner No. 1, the civil court at D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that petitioner No. 1 herein stands disinherited by the deceased-plaintiff. The question whether she was disinherited by deceased-plaintiff and it is only the respondent, who is entitled to remain in possession of the suit property, is a matter which would be decided during the trial of the case. Similarly the merits of the claim of the petitioners/defendants that the deceased had executed a Will in respect of the suit property in favour of her daughter-petitioner No. 1 and that the said Will was her last Will would also be decided during the trial of the case. In fact, son of respondent No. 1, Sh. Yujure Tiwari has, during the pendency of this revision petition filed an application bearing CM No. 913/2020, wherein he has sought his implead ..... X X X X Extracts X X X X X X X X Extracts X X X X
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