ARNAB DUTTA AND OTHERS Vs. SRINIBASH DEBNATH

JUDGEMENT

(1.) Both F. A. No. 2 (K) of 2014 and W. P. (C) No. 117 (K) of 2014, are directed against the order dated 27-2-2014, passed in CMC No. 01/2014 arising of Probate Case No. 1 of 2013, by the District and Sessions Judge, Dimapur. Accordingly, both the petitions are being disposed of by this common judgment and order.

(2.) Heard Mr. C. T. Jamir, learned senior counsel assisted by Mr. Imkong Jamir, learned counsel appearing for the apellants in F. A. No. 2 (K) of 2014 and for the petitioners in W. P. (C) No. 117 (K) of 2014. Also heard Mr. T. B. Jamir, learned counsel appearing fo the sole respondent in F. A. No. 2 (K) of 2014 and for the respondent No. 1, in W. P. (C) No. 117 (K) of 2014 and Mr. P.B. Paul, learned counsel appearing for the respondent No. 2 in W. P. (C) No. 117 (K) of 2014.

(3.) The case of he appellants/petitioners in brief is that the one Dr. Srinibash Debnath, impleaded as the sole respondent in F. A. No. 2 (K) of 2014 and respondent No. 1, in W. P. (C) No. 117 (K) of 2014 (hereinafter referred to as the respondent) filed a Probate Application before the District and Sessions Judge, Dimapur, being Probate Petition No. 1/2013, praying for probate of the last Will and Testament of late Sudhir Kumar Dutta alias Kaloo Dutta, son of late Tarini Chandra Dutta (Testator, for short) who died on 25-6-2013. The respondent was appointed as the Executor by the Testator and is not a beneficiary of the bequeathed properties of the Testator.