( 1 ) HEARD learned counsel for the parties. ( 2 ) PRELIMINARY decree of partition was passed giving 1/7 share to Virendra Kumar Agarwal, Basant Kumar Agarwal, Rajesh Kumar Agarwal all real brothers and four sons of Virendra Kumar Agarwal i. e Arun Prakash Agarwal, Tarun Prakash Agarwal, Adesh Prakash Agarwal and Aditya Prakash Agarwal each. It is stated by learned counsel that the preliminary decree was confirmed by the Supreme Court. Thereafter proceedings for preparation of final decree were initiated in the form of Misc. Case No. 59 of 1989. Meanwhile Sri Aditya Prakash Agarwal died. ( 3 ) BOTH the parties admit that his share was inherited by his father Virendra Kumar Agarwal making his share 2/7. Thereafter Virendra Kumar Agarwal also died and then the dispute arose. According to Rahul Kumar Agarwal and Anshul Kumar Agarwal respondent No. 2 and 3 who are sons of Basant Kumar Agarwal, Virendra Kumar Agarwal bequeathed 1/7 share to them and remaining 1/7 share to Anand Mohan Agarwal and Ashish Mohan Agarwal sons of Rajesh Kumar Agarwal. However, on the other hand the case of Arun Prakash Agarwal, Tarun Prakash Agarwal (Petitioner) and Adesh Prakash Agarwal is that their father Virendra Kumar Agarwal did not execute any will in favour of Rahul Kumar Agarwal and another and Anand Mohan Agarwal and another and that firstly through succession they inherited entire share of Virendra Kumar Agarwal and secondly Virendra Kumar Agarwal also executed a will of 2/7 share in their favour. In Misc. Case No. 59 of 1989, Rahul Kumar Agarwal and Anshul Kumar Agarwal filed impleadment application stating therein that as 1/7 share had been bequeathed to them by Virendra Kumar Agarwal hence they must be impleaded. Naturally this application was opposed by petitioner and his two brothers. On 15. 10. 1999, I Additional Civil Judge, (SD) Allahabad allowed the impleadment application. Against the said order Civil Revision No. 1367 of 1995 was filed by the petitioner Tarun Prakash Agarwal and his two brothers. XVIII A. D. J, Allahabad dismissed the revision on 22. 7. 2000, hence this writ petition. ( 4 ) A suit being OS No. 346 of 1997 has also been filed by Rahul Kumar Agarwal and Anshul Kumar Agarwal against Arun Prakash Agarwal, Tarun Prakash Agarwal, Adesh Prakash Agarwal, Anand Mohan Agarwal, Ashish Mohan Agarwal, Rajesh Kumar Agarwal and Basant Kumar Agarwal. 7. 2000, hence this writ petition. ( 4 ) A suit being OS No. 346 of 1997 has also been filed by Rahul Kumar Agarwal and Anshul Kumar Agarwal against Arun Prakash Agarwal, Tarun Prakash Agarwal, Adesh Prakash Agarwal, Anand Mohan Agarwal, Ashish Mohan Agarwal, Rajesh Kumar Agarwal and Basant Kumar Agarwal. Copy of the plaint is annexure 8 to the writ petition. The relief claimed is that defendants 1 to 3, Tarun Prakash petitioner and his two brothers be restrained from demolishing or changing the old construction or making any kind of alteration in the property in dispute without separating the 1/7th share of the plaintiffs. Naturally in the said suit the alleged will by Virendra Kumar in favour of Rahul Kumar and Anshul Kumar is in dispute. ( 5 ) LEARNED counsel further states that the suit is pending before Addl. JSCC/ Civil Judge, Allahabad. It has further been stated that the court where suit is pending is at present vacant. If it is so then District Judge, Allahabad is directed to immediately transfer the suit to such court which is having presiding officer. ( 6 ) IT is directed that OS No. 346 of 1997 shall be decided very expeditiously, in no case beyond six months from the date of production of certified copy of this order before the lower court. Parties are directed to appear before the court concerned or before District Judge, Allahabad on 7. 5. 2007. Proceedings for preparation of final decree must immediately commence after the decision of suit and be concluded within two or three months there from. The decision in the suit regarding devolution of interest of Virendra Kumar Agarwal shall be given effect to by the court hearing Misc. Case No. 59 of 198. ( 7 ) WRIT petition is accordingly disposed of. Office is directed to immediately send the copy of this judgement to the District Judge, Allahabad. .