The Court transferred a Probate Case from the Additional District Judge to the High Court for clubbing with a partition suit involving the same property left by Smt. Ved Sud.
Probate Case PC No.283/2014 transferred to this Court and clubbed with C.S.(OS) No.2682/2012; record requisitioned.
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$~26.
MR. ARUN SUD ..... Petitioner Through: Mr. Rakesh Kumar & Mr. Parmod Sachdeva, Advocates.
versus DR. ABHA SOOD & ORS ..... Respondents Through: Mr. Rajeev Sharma, Advocate for Mr.Ajay Dabas, Advocate for respondents No.1 & 3.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 16.03.2016
Despite opportunity, no reply has been filed by respondents No.1 & 3. The LRs of respondent No.2 have already stated that they are not contesting the petition.
This transfer petition has been filed by the petitioner to seek transfer of the Probate Case being PC No.283/2014 titled “ Mrs. Abha Sood Vs. State & Others ” from the Court of Ms. Vrinda Kumari, Additional District Judge03, New Delhi District, Patiala House Courts, New Delhi, to this Court for being clubbed and heard with C.S. (OS) No.2682/2012 titled “ Arun Sud Vs. Dr.(Mrs)Abha Sood & Others ”.
The petitioner has filed C.S. (OS) No. 2682/2012 to seek partition of the property left by Smt. Ved Sud, mother of the parties. However, Mrs.
Abha Sood, who is respondent No.1 in the present transfer petition has filed the aforesaid probate case setting up a Will of late Mrs. Ved Sud in her favour. It is, therefore, abundantly clear that the issues involved in both the proceedings would the same and the subject matter of the proceedings is also the same. Since the valuation of the aforesaid suit is beyond Rs.2 Crores, the same is to be tried in this Court.
Accordingly, Probate Case being PC No.283/2014 titled “ Mrs. Abha Sood Vs. State & Others ” stands transferred to this Court and the same shall be clubbed with C.S. (OS) No.2682/2012 titled “ Arun Sud Vs. Dr.(Mrs)Abha Sood & Others ”. Since the suit is stated to be listed on 26.03.2016, the Registry shall ensure that the record of the probate case is requisitioned without any delay.
The petition stands disposed of.
VIPIN SANGHI, J
MARCH 16, 2016 B.S. Rohella
1 issue framed by the court
Whether the Probate Case should be transferred to and clubbed with the O.S. proceeding concerning the same property.
MR. ARUN SUD
DR. ABHA SOOD
VIPIN SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
