SHRI. ARON BAMON Vs. SHRI. PRANAM RAI

JUDGEMENT

(1.) Heard Mr. H.S.Thangkhiew, learned Sr. Counsel, assisted by Mr. L.Khyriem, learned counsel on behalf of the petitioners who submits that the original owner, Mr. Prem Singh Subba, now died, executed a will in favour of respondent No.1 though there is every doubt that the will is not a genuine one and respondent has filed for probate which is pending before the learned District Judge, Shillong.

(2.) In the meantime, respondent No.1 also filed a Title Suit bearing No. 9 (H) of 2014 along with Misc. Case No. 4 (H) of 2011 praying for perpetual injunction as well as other relief on the said suit. Thereafter, respondent No.2 moved an application for challenging the maintainability of the Title Suit and the same was dismissed.

(3.) Being aggrieved by the order passed by the learned Munsiff, petitioner approached the learned District Judge but he expressed his inability to interfere with the petition and thereafter the petitioner was compelled to withdraw the petition and filed this instant revision petition before this Court.