ASHOKE KUMAR HIMMATSINGHKA Vs. RAJENDRA KUMAR HIMMATSINGHKA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India against Order No. 66 dated October 12, 2004 passed by the learned Civil Judge (Senior Division), Ninth Court at Alipore, District South 24-Parganas in Title Suit No. 100 of 1997. By the order impugned the learned Trial Judge stayed all further proceedings in the said suit till the disposal of P.L.A. No. 166 of 1995 pending before this Court.

(2.) Title Suit No. 100 of 1997 has been instituted by Asoke Kumar Himmatsinghka, the petitioner in this application, for partition of premises No. 68/1/A, Purna Das Road Police Station - Lake Place, Kolkata - 700029. The plaintiff claimed undivided half share of the said premises.

(3.) Originally Jamunadevi Himmatsinghka, since deceased and Siriya Devi Himmatsinghka, since deceased, were the owners of the said premises in equal shares. The said Jamunadevi Himmatsinghka died on January 22, 1976. Under her Will dated January 9, 1975, she bequeathed her undivided half share in the said premises to the said plaintiff. The executor named and appointed in the said Will on January 20, 1994 duly executed a deed of assent in favour of the said plaintiff after obtaining the probate of the said Will.