SUSHILA GOPALAN AND ANR Vs. STATE

JUDGEMENT

(1.) Ia No.10003/2018 (under Section 10 of the CPC), IA No.15360/2018 (u/S 151of the CPC) and IA No.15361/2018 (u/S 10 of the CPC) in Test. Cas. No.53/2006.

(2.) I have enquired from the counsel for the petitioners/applicants, what purpose will be served by staying further proceedings in these testamentary cases, awaiting the outcome of the proceedings aforesaid pending before the Court of Additional District Judge. It is felt that whichever way the proceedings pending before the Additional District Judge are decided, will be determinative and the parties cannot be permitted a second round to prove or disprove the documents as the Wills of the deceased, in these proceedings, in which issues even have not been framed.

(3.) The counsel for the petitioners/applicants agrees but expresses apprehension that if the petitioner in the probate petitions pending before the Additional District Judge does not take appropriate steps for proving the documents claimed to be the Will and/or to cross-examine the witnesses of the parties who have filed objections, and those probate petitions are dismissed, the petitioners/applicants would also suffer.