Delhi High Court - Orders
Anil Kumar Saxena & Ors vs Om Prakash Kashyap on 12 May, 2022
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~59(Appellate Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 440/2022 & CM APPL. 22703/2022
ANIL KUMAR SAXENA & ORS. ..... Petitioners
Through: Mr. V.P. Rana with Ms. Jyoti
Nambiar, Advs.
versus
OM PRAKASH KASHYAP ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 12.05.2022 CM APPL. 22703/2022 (for exemption)
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 440/2022
3. The impugned order, passed under Section 10 of the Code of Civil Procedure, 1908 (CPC), stays the trial in a title suit, filed by the petitioner, on the ground that an earlier probate petition, involving the will which was subject matter of consideration in the title suit, was pending.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 440/2022 Page 1 of 2 Signing Date:17.05.2022 16:30:194. This Court is already seized of the issue of whether a title suit could be stayed on the ground that a probate petition had been filed seeking probate of the will which was disputed in the title suit.
5. In view thereof, issue notice returnable on 28th September, 2022. Notice be served on the respondents by all modes including dasti as well as through learned Counsel who has appeared on behalf of the respondent before the learned Trial Court.
6. Reply, if any, be filed within four weeks, with advance copy to learned Counsel for the petitioner, who may file rejoinder thereto, before the next date of hearing.
7. Re-notify on 28th September, 2022.
C.HARI SHANKAR, J MAY 12, 2022 SS Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CM(M) 440/2022 Page 2 of 2 Signing Date:17.05.2022 16:30:19