BHAG CHAND JAIN Vs. NAMAN JAIN

JUDGEMENT

(1.) This writ petition has been preferred with a view to challenge the order dated 6.9.2018, passed by the learned Addl. District Judge, Jaitaran, District Pali (hereinafter referred to as the learned trial court for short), whereby the petitioner's request for staying the proceedings in the application for grant of probate, was rejected.

(2.) Avoiding the unnecessary factual details, suffice it to state that petitioner had filed a suit for partition of the property purportedly owned jointly with his father Dharmichand and brother Sunil Kumar Jain. The said suit was filed in the year 2006 and the same being suit no.10/2006 pending consideration before the competent court at Jaitaran.

(3.) Meanwhile, wife of Dharmi Chand passed away having bequeathed her property to his grand-son Naman Jain, respondent no.1 herein, vide a Will dated 2.3.2004.