ASHOK KUMAR SINGH Vs. MAMTA DEVI

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the sole opposite party.

(2.) This petition has been filed under Article 227 of the Constitution of India for setting aside of the order dtd. 8/9/2023 passed by learned Additional Judicial Commissioner-XV in Misc. Civil Appl. No.16/2022 arising out of Probate Case No.77/2013 wherein the petition filed by the petitioners under Order I Rule 10 read with Sec. 151 of Code of Civil Procedure has been rejected by the learned Court.

(3.) Learned counsel appearing for the petitioners submits that the sole opposite party herein instituted a Probate Case No.77 of 2013 for probating an alleged will dtd. 31/12/2010 said to have been executed by Guru Govind Singh, deceased father of the present petitioners. He submits that during the pendency of the said probate case, a petition was filed by the present petitioners under Order I Rule 10 read with Sec. 151 of Code of Civil Procedure for impleading the State represented by the Khas Mahal Officers in the probate case in view of the fact that the property itself is recorded as Khas Mahal Lease Hold Property. He further submits that the property in question appertains to Mauza - Konka, Thana No.198, M.S. Plot No.26 and Khas Mahal Plot No.1027 which was leased out to Guru Govind Singh that remained effective from 1/4/1966 and to continue till 1/4/1996 i.e. for a period of 30 years duly executed by the Deputy Commissioner, Ranchi on behalf of the Governor of the State of Bihar as it then was. He submits that Guru Govind Singh was the father of the petitioners herein and the will has been said to be executed in favour of the sole opposite party. He submits that the said property is a government property and it was khas mahal which has been leased out in terms of the above lease and it is still in his possession in view of that the said petition is filed which has been wrongly rejected by the learned Court.