LALIT BHATIA Vs. DINA NATH BHATIA

JUDGEMENT

(1.) The present petition has been filed by the petitioners under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC), seeking transfer of Probate Case No.260 of 2006 (Old No.185 of 2002) from the court of Shri C. K. Chaturvedi, District Judge-II, (North), Tis Hazari Courts, Delhi to the High Court of Delhi to be clubbed with the suit for partition, being CS (OS) No.1062 of 2002, filed earlier by the petitioners herein.

(2.) The parties in this case are members of the same family, the respondent No.2, Shri Kamal Bhatia is the son of respondent No.1. Petitioner Nos. 1 to 3 are the brothers of respondent No.1 and the petitioner Nos. 4 & 5 are the sisters. Respondent No.2has filed a probate case bearing No.260/2006 (Old No.185 of 2002) before the District Judge, Delhi in respect of a will dated 12.01.1999, which according to him had been executed by his grandmother, Smt. Amrit Devi Bhatia.

(3.) In the said probate case, the petitioners, i.e. the respondent No.2 herein, has stated that the will dated 12.01.1999 was executed by his grandmother whereby all the properties mentioned in Annexure-B of the said probate case, devolved upon him.