seeking stay of the partition suit during the pendency of the probate
petition. The same was rejected by the Trial Court on 25th April ... partition suit requires to be stayed in view of the pendency of
the probate proceedings. A perusal of the partition suit, clearly, shows that
forgery is glaringly apparent on the face of record. Regarding the pendency of probate proceeding it has been submitted that if a particular document ... that the criminal proceedings should be quashed in the wake of pendency of probate proceeding appears to be untenable. This Court also does
plaint. She has also stated
that the pendency of probate proceedings has no concern
with the present suit, which is based upon a different cause ... Whether the suit is not maintainable in
view of pendency of Probate proceedings
in the court of Sh. Ravinder Dudeja,
ADJ, Delhi? OPD
Page
probate petition.
4. It appears that during the pendency of the probate petition, respondent no.1 filed an application 57 (ग) seeking leave ... order of the court in the probate proceeding or any order passed during the pendency of appeal, therefore, it cannot be said that his possession
writ petitioners themselves sought for an
adjournment on the ground of pendency of probate case before
the Delhi High Court and the High Court also
filed a probate case being Probate Petition
No.197/2005 titled as Sanjay Gupta v. State & Ors. claiming probate
of Will dated 23rd March ... party to the
suit and the probate petition. Thus, she cannot claim ignorance of the
pendency of the partition suit.
That she has no legitimate
filed a probate petition seeking probate of the said Will and the said
petition is stated to be pending. During the pendency of the probate ... only occupy the servant's quarter,
during the pendency of the probate petition.
25. Accordingly, the impugned order is set-aside and the matter
held that stay of the
partition suit on the ground of pendency of probate proceeding is not
justified. He also refers to a decision ... previously instituted partition suit can be stayed during the pendency of a
probate proceeding between the parties till its disposal.
11. The facts
appellants. He argued that the appellants are Executor of the Will.
Probate Petition is pending before this Court. The appellants are
Gaikwad ... State (Delhi
Administration) & Anr.2 to contend that mere pendency of
Probate Proceeding is not enough. It is argued that Criminal
Proceedings are always
further proceeding of the partition suit in view of pendency of probate
case between the parties involving some of the properties which were
incorporated ... statement if he is so advised but due to the pendency of a probate
proceeding, question cannot be raised with regard to the validity, legality
