ADARSH KUMARI OBEROI Vs. ADARSH KUMAR OBEROI

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 24 CPC seeking transfer and/or stay of trial proceedings of the Civil Suit No. 230/11/11 filed for permanent injunction and cancellation of sale deed pending before Additional District Judge, Delhi by respondent No. 1 and consolidate the same with Test Case No. 45/2011 pending before this Court.

(2.) FOR the purpose of deciding the present petition, it is pertinent to discuss the family tree of the parties to the petition, which is as under: -

(3.) IN the said Probate Case, the petitioner has stated that after the death of Shri Girdhari Lal Oberoi, as per his Will, the left side portion devolved upon Shri Manohar Lal Oberoi. The respondent No. 1 to 4 had given their 'no objection', acknowledging the fact of the Will by their father Late Sh. Girdhari Lal Oberoi, to the mutation of the suit property before the authorities in the year 1997. Shri Manohar Lal Oberoi further executed a Will dated 30th October, 1996 whereby he bequeathed his share in the suit property in favour of his sons i.e. Late Sh. Vijay Kumar and Sh. Praveen Kumar: as this 'Will' by Late Sh. Manohar Lal Oberoi is not under probate, therefore the same is not being put -forth.