ATUL BHALLA Vs. ANIL BHALLA

JUDGEMENT

(1.) WE had heard arguments on admission of the above two captioned appeals on August 28, 2012 and while doing so the record of Probate Case No.4/2004 and CS(OS) No.273/2002 had been summoned and perused by us.

(2.) CS(OS) No.273/2002 filed by the appellant, seeking partition of property bearing Municipal No.7, Southern Avenue, Maharani Bagh, New Delhi, has been dismissed vide impugned judgment and decree dated November 22, 2010 and Probate Case No.4/2004 filed by respondent No.1, Anil Bhalla, has been allowed granting probate of the will Ex.PW-1/2, dated October 22, 1989 executed by the mother of the parties, late Smt.Chander Kanta Bhalla.

(3.) LEARNED counsel had conceded that grounds B, C, D, E, F, G, H, I, J, K, M, and N pertained to the probate being granted with respect to the plea of the appellant that in the absence of the property being partitioned, late Smt.Chander Kanta Bhalla could not have bequeathed any specific portion of the property under the will and alternatively that the property was that of the Joint Hindu Family and she could not make a bequest more than her share upon the property being partitioned, i.e. the grounds do not pertain to the due execution of the will in question. Learned counsel had sought to urge that ground A, L, O, P and Q were sufficiently clear to infer that the appellant had raised a challenge to the impugned decision insofar it returned a verdict that the will Ex.PW-1/2 was proved to be duly executed.