SHANTI SWARUP ANAND Vs. ANITA SAHAY

JUDGEMENT

(1.) Heard learned Counsel for the parties concerned.

(2.) The petitioner is aggrieved by the order, dtd. 15/12/2017, passed, in Civil Misc. (Tr.) Case No. 177 of 2017, by the learned District Judge, Patna, whereby the application filed by the petitioner, under Sec. 24 of the C.P.C., for transfer of Title Partition Suit No. 50 of 2016, pending in the Court of learned Sub Judge-I, Patna, to the Court of learned 8th Additional District Judge, Patna (now, 9th Additional District Judge), has been rejected.

(3.) Learned Counsel for the petitioner submits that the petitioner filed Probate Case No. 832 of 2014 before the learned District Judge, Patna, for grant of probate on 24/4/2014 on the strength of the Will, dtd. 6/5/1987, executed by his late father, Maheshwar Prasad Sinha, with regard to the suit property, which is a residential house, situated in Abulas Lane, Machchuatoli, Police Station Kadamkuan, Patna, pertaining to Ward No. 17 (New)/11 (Old), Circle No. 28, M.S. Plot No. 85 Part, Holding No. 54/136, having an area of 1728 sq. ft.