CMP filed to quash Dhanbad District Judge's order rejecting stay petition in probate case. Court dismissed CMP, finding no infirmity.
CMP for quashing dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 226 of 2020
Ravindra Kumar Shawarn .... .. ... Petitioner(s) Versus Smt. Kanchan Devi & Ors. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner(s) : Mr. R. C. Sahu, Advocate For the Opp. Party(s) :
06/ 02.11.2022 . The surviving defect, as pointed out by the office is hereby ignored for the present.
The instant CMP has been filed for quashing the order dated 28.01.2020 passed by learned Principal District Judge, Dhanbad in O.S. No.18 of 2016 whereby and whereunder the petition for stay of the Probate Case proceeding has been rejected.
It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has filed Tittle (P) Suit No.39 of 2013 against the husband of respondent no.1 for partition of land and houses to the extent of 1/4th share of the suit property. In view of the pendency of the Title Suit, the instant prayer has been made before the Probate Court for stay of the proceeding since the matter involved common suit property in both the cases.
On perusal of the impugned order, it appears that the learned court below has noted that the suit property with respect to both the cases is the same, but the subject matter of adjudication is different. The issue in the probate is whether was the last and valid Will of the testator, whereas in the Title Suit the matter relates partition of the suit property. Both are different matters and the filing of a partition suit cannot be a ground for staying the Probate case.
As such, I do not find any infirmity in the impugned order.
Accordingly, the instant CMP stands dismissed.
( Gautam Kumar Choudhary, J. )
Sandeep/
Ravindra Kumar Shawarn
Smt. Kanchan Devi & Ors.
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
