PHOTO DEVI Vs. SUSHILA DEVI @ KAUSHALYA DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsels for the opposite party No.2. Learned counsel of opposite party nos.1, 3 & 4 did not advance any argument despite putting appearance in the Court.

(2.) This review petition has been preferred to review the judgment dated 15.11.2017 passed by this Court in M.A. No. 234 of 2014, whereby this court dismissed the aforesaid appeal filed by the appellant upholding the judgment passed by the learned trial Court.

(3.) The factual matrix of the case is that opposite party no.2 filed a petition for grant of probate in respect of Will dated 04.05.1984 executed by Sheo Barat Singh in his favour. The aforesaid probate petition was allowed by the learned 1st Additional District Judge, Gaya vide judgment dated 16.12.2013 in Title Suit No. 04 of 1992. Being aggrieved with the aforesaid judgment of learned trial Court, one of the opposite parties of the said case, namely, Sushila Devi @ Kaushalya Devi filed M.A. No. 234 of 2014 before this Court. After hearing learned counsel for the appellant and learned counsel for the respondent no.1 of the said appeal only, as none turned up on behalf of respondent nos.2 to 5 to advance the argument in the case despite service of notice and putting appearance in the case, this Court vide Judgment dated 15.11.2017 dismissed the aforesaid appeal uploading the judgment passed by the learned trial Court on merit.