SUBASINI CHOUDHARY Vs. BISAKHA KAR

JUDGEMENT

(1.) This appeal has been filed challenging the Order Dated 15.5.2004 passed in Probate. Misc. Case No. 5 of 2003 by the Learned Civil Judge (Senior Division), Bhubaneswar.

(2.) The Petitioner in the said Probate Misc. Case is the Appellant before this Court. She filed the said case for probate of a Will Under Section 276 of the Indian Succession Act. The case of the Petitioner was that the residential house site over plot No. 3 in Unit-III, Bhubaneswar City having an area of Ac.0.500 decimals belongs to late Rama Chandra Kar, S/o. Late Banchhanidhi Kar of Dargha Bazar, Cuttack. The said Rama Chandra Kar died on 5.3.1996 at S.C.B. Medical College & Hospital, Cuttack. Before his death, he executed his last Will & testament in favour of the Petitioner on 14.11.1995 in presence of the witnesses. Initially, no Opp. Parties were impleaded in the said Probate Misc. Case. But subsequently, by an order passed by the Learned District Judge, Khurda at Bhubaneswar on 5.7.1999, one Smt. Bisakha Kar, the State of Orissa through the Secretary, G.A. Department & the Director of Estates, Government of Orissa, G.A. Department were added as Opp. Parties in the said Probate Misc. Case. When the matter was pending before the Court below, a finding has been recorded in the impugned order that in spite of sufficiency of service of notice, the Opp. Parties, who were arrayed as parties, did net appear in the said case, except the State of Orissa. The Learned Court below, while ultimately dismissing the Probate Misc. Case, in the impugned order has made certain observations & arrived at certain findings, as stated herein below:

(3.) During the course of hearing of the appeal, Learned Counsel for the State submits that the property under the Will belongs to the State of Orissa. However, the State has not raised any Objection with regard to the genuinity of the Will which it also could not have objected to.