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Sureshpal Singh Tanwar vs. LR’s. of Smt. Bhanwari Devi & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Direction for not disposses the plaintiffs from the suit land and to maintain the status quo–Suit for declaration of sale deeds null and void, executed in favour of subsequent purchasers–Claim of plaintiff was based on a Will, executed in the year 1994–Will came into effect in the year 2004 after death of G but the plaintiff did not take any step for the mutation entries to be made in their favour till the year 2011–Admittedly, in none of mutation appeals, the fact of there being two Wills in existence was even pleaded–Issue as to whether any Will was executed by G in favour of B would be a subject matter to be decided on the basis of evidence–Subsequent purchasers are the bonafide purchasers and their rights should be protacted at this stage–Direction for maintaining the status quo issued.