SANDEEP BAHL Vs. SHUBH KUMAR RANGE

JUDGEMENT

(1.) THIS application has been filed by the plaintiffs praying inter alia for withdrawal of Probate Case No.21/2011, filed by the defendant No.1 and pending before the court of learned ADJ, Saket Courts, and also for its consolidation and trial with the present suit.

(2.) COUNSEL for the plaintiffs states that the accompanying suit for partition, possession, declaration, rendition of accounts, etc., has been filed by the plaintiffs in respect of the estate of their material grandparents and that defendant No.1 has filed a petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate/Letters of Administration in respect of a Will dated 20.4.2006 allegedly executed by the maternal grandfather of the plaintiffs, who is the father of defendant No.1, which is pending adjudication in the court of learned ADJ. It is submitted that it would be expedient and in the interest of justice if the aforesaid probate case is withdrawn from the District Court and tried along with the present suit as the defendant No.1 has relied on the contents of the aforesaid Will in her written statement and the said Will is relevant for consideration in the present proceedings.

(3.) THIS Court has heard counsels for the parties and has considered their respective submissions. It is undisputed that defendant No.1 had filed a probate case in the year 2009 in respect of a Will dated 20.4.2006 allegedly executed by late Shri Harish Chandra, whereas the present suit was instituted by the plaintiffs after one and a half years from the date of filing the aforesaid probate case. It is also not denied that the proceedings in the probate case are at an advance stage and on the verge of conclusion as the evidence of only the objectors therein is left to be recorded, whereas the evidence of the petitioner therein has already been recorded.