(1.) By the present miscellaneous civil application filed under Sec. 24 of the CPC, the Petitioner seek transfer of Special Civil Suit No.837/2017 pending before the City Civil Court at Bombay to the High Court, with a prayer to try it along with Testamentary Suit No.135/2016, which is pending in this court.
(2.) Issue that arise for consideration in the application is: Whether the relief, as prayed for, can be granted by exercising the power Under Sec. 24 of the Code of Civil Procedure along with Rule 6 of Chapter I of the Bombay High Court (Appellate Side) Rules, 1960.
(3.) The Applicant before this court and Respondent Nos.1 and 2 are the progeny of Mrs.Jer and Mr.Rutton Manchershaw Kavasmaneck. Mr.Rutton M. predeceased Mrs.Jer, who expired on 29/11/2013. The proceedings revolve around a will executed by her on 22/12/2013 and it is the claim of the Applicant that he is a sole beneficiary and sole executor under the Will. The Applicant filed a petition for probate of the last will and testament of Mrs.Jer. The petition is numbered as Probate Petition No.660/2014. Respondent Nos.1 and 2 filed their respective caveat in the said proceedings on 24/5/2016 and 2/7/2016 raising their objection to the grant of probate and consequently, the aforesaid probate petition stood converted into a testamentary suit, numbered as Testamentary Suit No.135/2016.