APARNA DHIRSINGH Vs. PRAVAKAR SATPATHY

JUDGEMENT

(1.) THE petitioner has filed the Testamentary Case to probate the Will alleged to have been executed by his deceased father on 14.12.2007 under section 278 of the Indian Succession Act which has been registered as Test Case No. 10 of 2008 pending before the learned District Judge, Cuttack . In the Probate application, the petitioner has named her motherand her younger sister as the near relatives. The petitioner has alleged that after institution of the above Test Case on receipt of notice of the said case, her mother and younger sister, being fully aware of the execution of the Will by her deceased father in her favour, on 27.10.2008 sold away portion of the schedule lot No. 2 properties in favour of three persons, namely, Shri Devendranath Jenamani, Smt. Bijayalaxmi Jena and Shri Pravakar Satpathy. When the said purchasers tried to take possession of the properties sold to them, forcibly, the petitioner filed a civil suit, being C.S. No. 424 of 2008 before the learned Civil Judge (Sr. Division), Jajpur seeking a decree for declaration of her right, title and interest and confirmation of possession and in the alternative, recovery of possession along with a prayer to declare the sale deeds executed by her mother and sister as void as well as for permanent injunction. An interim application for injuncting the defendants during pendency of the suit was filed by the petitioner in the said suit, which being rejected, the petitioner preferred FAO No. 27 of 2009 before this Court. The said FAO was disposed of on 13.1.2010 directing the parties to maintain status over the disputed properties till disposal of the suit with a further direction to the learned court below to dispose of the suit expeditiously preferably within a period of six months.

(2.) THE petitioner also filed W.P. (C) No. 22364 of 2010 for a direction for expeditious disposal of the Probate Misc. Case No. 4 of 2009. It may be mentioned here that the original application filed for probate of the Will by the petitioner before the learned District Judge, Cuttack, which was numbered as Test Case No. 10 of 2008, was subsequently numbered as Probate Misc. Case No. 4 of 2009 and on being transferred to the court of the learned Civil Judge (Sr. Division), Jajpur, it was again numbered as C.S. No. 25 of 2011. Writ Petition (Civil) No. 22369 of 2010 filed by the petitioner was disposed of by order dated 24.12.2010 of this Court which directed the learned trial court to dispose of the Probate Misc. Case by the end of May, 2011. On 28.1.2011, one of the purchasers, i.e., opp. party no. 1 along with opp. parties 2 and 3, the mother and the younger sister of the petitioner filed an application under Order 1, Rule 10 C.P.C. praying for impleading the opp. party no. 1 (purchaser) as a party in the said Probate case. The petitioner filed her objection.

(3.) AFTER hearing the parties, the learned Civil Judge (Sr. Division), Jajpur allowed the prayer for impletion of the opp. party no. 1 to the said Probate Misc. Case now numbered as C.S. no. 25 of 2011 by his order dated 14.2.2011. In the said order, the learned Civil Judge, while allowing the prayer for impletion of the opp. party no. 1 as a party to the said proceeding, also disposed of the application dated 8.4.2010 filed by the opp. parties for making enquiry regarding the correctness of the valuation report given by the Collector. Being aggrieved by the said order dated 14.2.2011, the petitioner has preferred the present writ petition.