@707 HIGH COURT OF CHHATTISGARH AT BILA$PUR WP. (227) N0. 5245j2011 PETITEONER (Plaintim RESPONDENT OD Dinash Singh Thakur S/o Shrj Mohan Singh Thakur, aged about . 42 years, R/o viilage Piparhattha, Tahsil (‘35 Distt. Raipur (C.G.). VERSUS 1. Omprakash. Singh S/o Shn‘ gDefendants) Khilawan Singh Thakur, R/o villag€ Piparhattha, Tahsil 8L Distt. Raipur (C. G.}. 2. Smt. Hiraudi Bai Wd/o Late Shri Gangu Singh, aged about 8O years R/o viiiage Piparhattha, _Tahs11 & Distt. Raipur (c.G.). The Additional Tahsildar, Raipur (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SE :Hon’ble Mr. T.P.Sharma, J.) Presentz- Shri Rishi Rahul Soni, Advocate for the petitioner. hri Vinod Kumar Tekam, P.L. for the State/respondent No. 3. Respondents No. 1 8r, 2 not noticed. ORDER {Paseed 0a 09/ 09/ 201 1} By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 29j6/2011 paSsed by 4th Additional District Judge, Raipur (0G,) in Misc. Civil Appeal No. 04/ 201]. affirming the order dated 13/ 1/2011 passed by 16th Civil Judge Class—2, Raipur (C.G.) in civil suit No. 3Af 2O 10 whereby application filed under Order 11 Rule 21 of the Civil Procedure Code, 1908 has been. dismissed and appeal is also dismissed. > 2. Order impugned perused, 8. As per submission of the petitioner respondents would be beneficiary of the will and if they failed to prove then as per claim of the petitioner] plaintiff only plaintiff will succeed the property. Burden to prove genuineness of the will is upon the respondents and not upon the petitioner; In these circumstances, any coercive “\ order against defendants] respondents was not jus ' ed with these obsexvation, I do not fmd any substance in the petition. Consequently, petition is liable to be dismissed and is hereby dismissed. However, if on the basis of pleading of the petitioner/respondents if Court below has not framed issues x relating to genuineness of will then petitioner is at liberty to file appropriate application before the trial Court. No order as to costs. Interim application stands disposed of. lf ' " Sdl- xi e ‘ T.P. Sharma; : ' / Judge I