RUPA PAUL Vs. SATYAJIT PAUL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India seeking appropriate directions for early listing and for disposal of Probate Misc. Case No. 12 (T) of 1995 which is pending before the Court of Additional to the Deputy Commissioner, Shillong, which was remanded by order dated 05.07.2012 passed in RFA No. 2 (SH) of 2010 for reconsideration, by the then Gauhati High Court, which was the jurisdictional High Court over Meghalaya.

(2.) This application has been preferred by the wife of Late Ashok Baran Paul who is stated to have expired on 14.06.2019 and the Death Certificate has been annexed to the application. The reasons as stated in the application is that the matter could not be disposed due to the fact that the records were untraceable.

(3.) This Court after issuance of notice to the respondents by order dated 14.12.2019, requisitioned the records of the Probate Misc. Case No. 12 (T) of 1995 which were received on 29.06.2020. Thereafter the respondent No. 1 had entered appearance and though notice was effected upon the respondents Nos. 1 to 3, none entered appearance. As far as respondent No. 4 is concerned, though notice was issued on 2 (two) occasions, the said notice was returned unserved with a note 'not known' as per the office note dated 17.12.2020. Thereafter, on verification it transpires that, the last known address of respondent No. 4 on which notice was addressed to was the last known correct address but for reasons unknown the notice remained unserved.