PREMCHAND RANKA Vs. SHANTHA DEVI RANKA

JUDGEMENT

(1.) O.S. No. 3210 OF 1998: " In order to avoid multiplicity of proceedings, as well as unnecessary litigation, the papers were called for from the City Civil Court, since the dispute between the parties is the same as that of the Original Side Appeal in O.S.A. No. 367 of 2001.

(2.) THE prayer in the suit is for a mandatory injunction directing the defendant to hand over title deeds of the properties allotted to the respective shares as per the family arrangement of the partition dated 22.3.1993 and the deed of partition registered on 5.11.1993 at the office of the Sub Registrar, Periamet.

(3.) THE appellant filed O.P. No. 771 of 1995 on the file of this Court for the grant of Letters of Administration on the basis of the Will and testament executed by late Misiri Bai dated 16.6.1970. Originally, this Court granted the Letters of Administration by an order dated 7.2.1996. THE respondents filed Appln. No. 2987 of 2000 to stay the operation and execution of the order dated 7.2.1996 in O.P. No. 771 of 1995 and Appln. No. 2988 of 2000 for the revocation of the order dated 7.2.1996 in O.P. No. 771 of 1995 granting the Letters of Administration to the appellant. Both the applications were ordered by the learned Judge on 2.8.2001. As against the order in Appln. No. 2988 of 2000, the present appeal has been filed.