RAMKRISHNA CHANDA Vs. SRIKRISHNA CHANDA

JUDGEMENT

(1.) Two revisional applications were filed by the petitioners herein. Both the applications were filed under Article 227 of the Constitution of India. In one of such applications being C.O. No. 1643 of 2007 the petitioners have challenged an order being No. 55 dated 3rd February, 2007 passed by the learned Civil Judge, Senior Division, Sealdah, in Title Execution Case No. 5 of 1996 whereby the petitioners' prayer for keeping the execution proceeding in abeyance till the disposal of the probate proceeding being O.S. No. 87 of 2001 was rejected by the learned Executing Court. In the other application being C.O. No. 2294 of 2010 the petitioners have prayed for issuance of direction upon the learned Probate Court for early disposal of their application for removal of the Administrator Pendentilite.

(2.) Let me now consider the merit of those two revisional applications one after another.

(3.) The opposite party No.1 herein was appointed as an Administrator Pendentilite by the Probate Court in the probate proceeding on 19th June, 2001 vide order No. 3 on the following terms:-