PRAVEER CHANDRA Vs. APRAJITA

JUDGEMENT

(1.) The present petition challenges the impugned order dated 25 th April, 2018 by which the Petitioner's application under Section 10 CPC seeking stay of the partition suit has been dismissed.

(2.) The brief background is that the testatrix - Late Smt. Shanti Singh had executed an alleged Will dated 17th May, 2009. The Petitioner/Defendant No.6 (hereinafter „Defendant No.6?) filed probate petition no.46/2011 under the Indian Succession Act , 1925 before the Civil Judge, Motihari, Bihar. The said petition was dismissed in default on 16th April, 2013 and was restored on 17th January, 2017.

(3.) While the probate petition was dismissed and was yet to be restored, Smt. Aprajita - Respondent no.1 herein (hereinafter „Respondent?) filed a partition suit before the District Court in Delhi on 20th July, 2015 seeking partition of the estate of Late Smt. Shanti Singh.