HARJEET SINGH Vs. MANJEET KAUR

JUDGEMENT

(1.) THIS order shall dispose of two petitions.

(2.) CM (M) No. 997/2010 has challenged the impugned order dated 17.11.2009 vide which the application filed by the petitioner /respondent No.5 (Harjeet Singh) under Order 9 Rule 7 of the Code of Civil Procedure (hereinafter referred to as `the Code') seeking setting aside order dated 23.05.2009 had been dismissed.

(3.) IT is not disputed that an application under Section 10 of the Code been filed by Harjeet Singh in the probate petition which had been disposed of vide order dated 07.07.2010; the court was of the view that the probate petition cannot be stayed merely because of the earlier suit filed by Harjeet Singh seeking declaration and injunction against the Will dated 21.02.2005 is pending; the application under Section 10 of the Code had been dismissed. This order dated 07.07.2010 has since attained a finality; it has not been subject matter of challenge before any court. IT is also not in dispute that in the probate petition evidence had been concluded and the arguments have also been addressed; matter has been reserved for judgment; because of the stay granted by this court judgment has not been delivered in the probate petition.