Hi All,
My late father had filed a suit for declaration of a fraudulent sale deed null and void in the year 2007. He had passed away in the year 2013. Prior to his passing a 3 rd party had filed a suit against my late father and others in respect of the same property in the year 2011. In the year 2013 a few months prior to the passing of my father, the 2 cases were clubbed together. After a few weeks of my father's passing, I along with my brother and mother filed application for us to be in the cases as the LRs of my late father. 3 dates went by over a period of 2 months where in the other side did not place any objection on record. However on the 4th date, the court had given seperate further dates for the 2 clubbed cases. After a few more dates the judge has given order to place us as the LRs on record. A week after the order was passed, the other side filed an application under Sec 151 CPC for recalling the order as they had mentioned that we are not the LRS but are imposters. The court held a hearing and we had given proof of the fact that we are indeed the LRs of our father viz. Bith Cert, Pan Card, Joint bank account, Gun License etc etc. The court accepted and dismissed their application. Subsequently they filed a MFA in the High Court but there too it was dismissed and they were given the liberty to apply through the proper channel. That was 6 months ago. Now lately they have filed a writ petition under Art. 226 & 227 of the Const. of India mentioning that we are not the LRs but in fact imposters and that the order bringing us on record should be reversed and also to give an interim stay. The court has given a short interim stay and issued notice with respect to rule nisi.
Kindly advise the proper further way of handling this. My father was married previously abroad but had divorced and there is no claim from his 1st wife and children.
Thankyou
