Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 PC 45/23
ANIL KUMAR SHUKLA Vs. STATE
24.03.2025
Present: Sh. Upender Gupta, Ld. Counsel for the petitioner
alongwith petitioner.
Sh. Deepanshu Bansal, Ld. Counsel for the
respondents no.2 to 5.
Matter is at the stage of ex-parte PE.
Evidence affidavit filed on behalf of the petitioner
today.
Meanwhile, an application U/s 114 CPC r/w
applications U/s 151 CPC and U/s 5 of Limitation Act filed on
behalf of the respondents for recalling the order dated 23.11.2024
whereby the right of respondents to file reply was closed, on the
ground that the respondents had contacted the Ld. Counsel
belatedly and lenient view may be taken as otherwise
respondents shall suffer with irreparable loss and injury.
Ld. Counsel for petitoner alongwith petitioner
submits that the petitioner is not objecting for bringing on record
the reply of the respondents subject to costs, so that the matter
can be decided expeditiously and effectively on merits between
the parties.
In view of the same, the above applications i.e. an
application U/s 114 CPC r/w applications U/s 151 CPC and U/s 5
of Limitation Act filed on behalf of the respondents stands
allowed subject to costs of Rs.5,000/- to be paid to the petitioner.
On payment of costs, reply filed on behalf of the
respondents shall be taken on record.
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Ld. Counsel for the respondents undertakes to file
the supporting affidavit of respondents no.2 to 4 on NDOH.
Replication filed on behalf of the petitioner.
Pleadings are complete. On the basis of pleadings of
parties, following issues are framed:-
i)
Whether the Will dated 27.08.2013 was validly
executed by Late Sh. Saligram Shukla qua the suit
property in favour of the petitioner ? OPP.
ii) Whether the petitioner is entitled to grant of relief of
Letters of Administration of the suit property, as
prayed ? OPP.
iii) Whether Late Sh. Saligram Shukla was not conscious
and in the proper state of mind or that undue influence
or coercion was exercised upon Late Sh. Saligram
Shukla by the petitioner during the preparation of the
Will dated 27.08.2013 ? OPD.
iv) Whether the Will dated 27.08.2013 does not bear the
signatures of Late Sh. Saligram Shukla ? OPD.
v) Relief.
No other issue arises or pressed for.
Petitioner has today filed his evidence affidavit.
Copy supplied.
PW1 is examined-in-chief.
Put up for cross-examination of PW1/ payment of
costs/ further PE on 03.07.2025.
(Ankur Jain-II)
DJ-02, SHD District
KKD/Delhi 24.03.2025
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