argued that the applicant was
always fully aware about pendency of probate proceedings, as
admittedly, he visited Delhi repeatedly and stayed with the
respondents ... service of notice and/or of the
applicant being aware about pendency of probate proceedings; and
as to whether the application has been filed within
petitioners / accused shall move the Probate Court with a
probate petition regarding the Will. In case the Probate Court holds that the Will ... probate proceedings
having been initiated much prior to the criminal proceedings, the delaying tactics
by the complainant/respondents in the probate proceedings and the probate
never served with any notice/citation of
the pendency of the probate case. It is her case that the other two
sisters of Late ... testatrix, a probate petition was
filed by the petitioner as executor, seeking the grant of probate of
probate of the said Will. It was pleaded
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
suit for
declaration as null and void within the limitation period.
Pendency of probate proceedings is no ground for extension
of the limitation ... declaration,
permanent and mandatory injunctions, by them, during the
pendency of the Probate Petition, was not possible as the
appellants were legally disabled to file
that
during his investigation the accused did not divulge about the pendency of
probate proceedings before Ld. District Judge. The said fact was also
admitted ... tell the IO about the
pendency of probate case filed by Smt. Samudari Devi. Even PW-1 Satya
Pal Sharma admitted that he was called
suit is liable to be stayed in view of the
pendency of probate proceedings in the High Court? OPD
3. Whether the plaintiff is entitled ... suit is liable to be stayed in view of the
pendency of probate proceedings in the High Court? OPD
15. The ld. counsels
such, the plaintiff has failed to show that the pendency
of the probate petition barred him to file the present suit. Hence ... plaintiff's relief of declaration was not dependent on pendency
of the probate petition. Therefore, it can be held that the relief of declaration
Plaintif, Shri
Tara Chand, had sold the suit property during
pendency of probate petition between 1990 to 2005.
The Defendant had purchased the complete ... probate petition in
2004. His legal heirs did not come forward to
contest the probate petition. Therefore, the Plaintif
was granted Probate in the said
similar agreement and
undertaking had also been made with plaintiff. During
pendency of probate case, Sh.Harish Kumar Berry filed a
Company Petition ... appeal
against said order of C.L.B. During the pendency of probate
case, the defendant no.1 surreptitiously sold the portion of
residential property
