GUR PRASAD GUPTA Vs. RAM PRASAD GUPTA

JUDGEMENT

(1.) By this judgment two appeals are being disposed of. The two appeals are FAO No. 462/2007 and FAO No. 463/2007. Both the appeals have been filed by the appellant Sh. Gur Prasad Gupta. These two appeals have been filed against the common judgment dated 1.10.2007. By the impugned common judgment dated 1.10.2007, two probate petitions seeking letters of administration were decided. First case being Probate Case No.88/2006 was filed by the appellant seeking letters of administration with respect to the Will dated 17.4.1987 executed by the mother of the appellant late Smt. Ram Chandri Devi. In this first case seeking letters of administration filed by Sh. Gur Prasad Gupta, the objectors were the father and brother of Sh. Gur Prasad Gupta, namely, Sh. Har Swaroop Gupta and Sh. Ram Prasad Gupta. The second case was a case filed by the father Sh. Har Swaroop Gupta seeking letters of administration with respect to the Will dated 13.5.2002 of his wife Smt. Ram Chandri Devi, that is the mother of the appellant Sh. Gur Prasad Gupta and Sh. Ram Prasad Gupta.

(2.) By the impugned judgment whereas, the petition seeking letters of administration filed by Sh. Gur Prasad Gupta has been dismissed, the petition filed by Sh. Har Swaroop Gupta has been allowed and letters of administration have been granted with respect to the Will dated 13.5.2002 executed by late Smt. Ram Chandri Devi. I may note that both the Wills relied upon by the respective parties, that is, the appellant Sh. Gur Prasad Gupta and father/husband/Sh. Har Swaroop Gupta are registered Wills.

(3.) Let me first take up FAO No.463/2007, inasmuch as, by this FAO, appellant Sh. Gur Prasad Gupta is seeking setting aside of the impugned judgment 1.10.2007 dismissing his petition filed for letters of administration of the Will dated 17.4.1987 of late Smt. Ram Chandri Devi.