RANU BALA Vs. SAIBALINI GHOSH

JUDGEMENT

(1.) IN the present revisional application under Article 227 of the constitution of India, the petitioners have sought to assail the order being no. 59, dated May 10, 2006 passed by the learned Judge, Small Causes court, Sealdah in Title Appeal No. 108 of 2000 rejecting their prayer for stay of the appeal till granting of probate in favour of the appellants and filing of the same in Court.

(2.) THE circumstances leading to the above application are that ramendra Kumar Ghosh, Predecessor-in-interest of the petitioners instituted title Suit No. 516 of 1980 in the Court of learned Munsif (now Civil Judge (Junior Division)], First Court, Sealdah against Chandrabati Ghosh, predecessor-in-interest of the Opposite Parties for declaration and injunction which was decreed on compromise on February 11, 1981. The said chandrabati subsequently instituted Title Suit No. 592 of 1983 against ramendra Kumar Ghosh for declaration of ownership and injunction on setting aside the said compromise decree. On the death of the defendant, his legal heirs were substituted. The suit was dismissed on contest and the first and second appeals being T. A. No. 39/98 and S. A. No. 295/2000 respectively were also dismissed. The defendant Chandrabati preferred an appeal being T. A. No. 108/2000 against the compromise decree in T. S. No. 516 of 1980. On the death of Chandrabati the present Opposite Parties were substituted contending that Chandrabati left a registered Will appointing them as Executors to her estate. Though no step has been taken for obtaining probate of the alleged Will, the learned Judge, Small Causes Court at Sealdah has been proceeding with the appeal, for which the petitioners prayed for stay of all further proceedings of the said appeal till probate of the alleged Will filed in Court which was rejected by the order impugned,

(3.) BEING aggrieved by the said order, the petitioners have come up before this Court.