SATPAL Vs. STATE

JUDGEMENT

(1.) THIS appeal was filed against the impugned judgment of the probate court dated19.2.1996 whereby the probate petition filed by the petitioner, son of Shri Kundan Lal Wadhawan and Smt. Karam Devi Wadhawan claiming probate of the Will dated 20.6.1977 of Smt. Karam Devi Wadhawan was dismissed.

(2.) THE claim under the Will of Karam Devi Wadhwan had arisen because there were disputes as regards rights in the immovable property bearing No. 1453 -54, Rani Bagh, Shakur Basti, New Delhi. Counsel for the appellant has drawn the attention of this Court to the order passed by this Court on 15.4.2010, and which reads as under: -

(3.) IN view of the fact that the suits of the contesting respondent against the appellant have been dismissed by the judgment dated 2.1.2013, for that reason, this appeal is not pressed because the judgment dated 2.1.2013 has become final and has not been challenged by the contesting respondent herein and who was the plaintiff in the suits before the trial court. In view of the aforesaid position, counsel for the appellant does not press this appeal and prays for liberty to revive this appeal in case there is a successful challenge to the judgment dated 2.1.2013 passed in Suit No. 966/06.