BALMUKUND SHARMA Vs. KANCHAN SHARMA

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) It is submitted by the learned counsel for the appellant-petitioner that this interlocutory application has been filed to stay the further proceedings of the instant appeal till the final decision is made by the Principal District Judge, Bokaro in Letters of Administration Suit No.9 of 2019.

(3.) It is submitted by the learned counsel for the appellant-petitioner that in the preliminary decree passed in Title (Partition) Suit No.69 of 2010 of the Court of Civil Judge (Senior Division-I), Bokaro, the plaintiff-respondent no.1 has been held to be entitled to get 1/4 th share of the schedule property of the suit. It is further submitted by the learned counsel for the appellant-petitioner, that it is the case of the appellant-petitioner who was the defendant no.1 in the court below that he has acquired the suit property on the basis of the Will executed by his father. It is then submitted that petitioner-appellant is the brother of the respondent no.1 and their father, undisputedly is the common ancestor of both of them as well as two of their sisters being the respondent no. 2 and 3. It is next submitted by the learned counsel for the appellant-petitioner that the appellant-petitioner has filed an application under Section 276 of the Indian Succession Act in the court of Principal District Judge, Bokaro for grant of Letters of Administration with respect to the said Will dated 19.06.2010, executed by his father, being the legatee of the said Will and the outcome of the decision of the said Letters of Administration case shall have direct bearing on the instant appeal and shall materially affect the judgment and decree. Mr. Praveen Akhouri, learned counsel for the appellant-petitioner relied upon the judgment of Hon'ble Supreme Court of India in the case of Binapani Kar Chowdhury vs. Sri Satyabrata Basu and Anr. reported in AIR 2006 SC 2263 paragraph no.8 of which reads as under:-