ANIL KHANNA Vs. STATE (N.C.T., DELHI)

JUDGEMENT

(1.) The aforesaid applications have come up for decisions in the pending appeal preferred by the appellant No.1/Anil Khanna supported by his son appellant No.2/Rajat Khanna challenging the common judgment dtd. 9/4/2014 passed by learned Additional District Judge-12, Central District, Delhi, whereby the learned Trial Court decided the three probate petitions, viz. (i) Probate case No. 57/13/97 titled Anju Kapoor v. State (NCT Delhi and Ors), (ii) Probate case No. 22/98/13 titled Anju Kapoor v. State, (iii) Probate case No. 98/13/99 titled Geeta Khanna v State, which were clubbed together vide order dtd. 13/5/2008.

(2.) Shorn of unnecessary details, whereas the probate case bearing No. 57/13/97 titled Anju Kapoor vs. State was decided in favour of the petitioner/daughter Anju Kapoor, who propounded that the holographic Will dtd. 7/11/1996(Ex. PW 2/2), purportedly executed by late Shri Atam Swarup Khanna (hereinafter referred as the testator), vide the impugned judgment, the other two probate cases of her brothers Anil Khanna as well as second brother Ajay Khanna, (since deceased, represented through his wife Geeta Khanna and children) who propounded Will dtd. 6/3/1997 of the testator were dismissed.

(3.) It is pertinent to mention that the learned Trial Court framed the following issues for consideration: -