staying the
Partition Suit No. 746 of 2013 till the pendency of Probate Case
No. 73 of 2013.
Jitan Mahto executed a registered deed ... suit.
The learned counsel for the petitioner submits that
during the pendency of probate case further proceeding in partition
suit should have been stayed because
partition of the suit lands cannot be stayed during
the pendency of the probate cases. In support of his
submission, learned counsel relies upon ... stayed under section 10 of the Act during the pendency of
the probate cases concerned. However, in view of the facts
6
and circumstances
produced
during investigation. The learned counsel further submits that
moreover, there is Probate Suit No.08/2019 and Title Suit
No.139/2022 pending ... case and counter case between the parties and also considering
the pendency of probate suit and title suit between the parties
and chances of false
Hiramuni Devi, defendant no. 3. During the
pendency of this probate case, Sudarshan Pandey, defendant no.
1 died. On summoned, the appellants appeared and filed ... manner or
damaging the subject matter of the probate proceeding during
the pendency of this appeal. I, therefore, in exercise of power
under Section
case is pending between the parties and in the
background of pendency of probate case no.26 of 2014 filed by
the wife
Court to
stay the eviction suit on the ground of pendency of
probate case. Likewise the supervisory jurisdiction under
Article 227 of the Constitution
parties were
noticed and being heard but due to pendency of Probate Case
No. 29 of 2022 and Probate Case No. 08 of 2023 preferred
Will. The petitioner
filed Probate Case No.1 of 2003 for probate of the Will. During
the pendency of the probate case, the respondents ... Will for which the petitioner
filed probate case. The respondents 1st are not necessary party in
the probate case in which genuineness of the Will
submitted by learned counsel for the appellant
that during the pendency of probate case, in a land acquisition
proceeding, compensation amount in respect of land
case is that the plaintiffs/appellants
initially filed a probate case vide Probate Case No.04/04 in the
court of District Judge, Katihar ... mother of Respondent no.2. After noticing
the fact regarding pendency of Probate Case, Respondent no.2
filed an objection and, thereafter, Probate case
