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
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
Probate case no. 228/98, titled
'Parkash Chand Sethi vs. State ', the applicant/petitioner Sh.
Rajvir Sethi was the party. The Probate petition ... established on record that
petitioner has full knowledge of pendency of Probate case on
30.09.1998 and he consciously filed NOC dated
Bangalore [hereinafter referred to as 'the City Civil Judge'] granting probate of the Will dated 20th April 1970 of late C.G. Shastry ... appeal was initially filed by one B Manjunath Prabhu and during the pendency of the appeal since the original appellant having expired, his legal representatives
dated
24.6.1977. The Executor had filed a petition for probate of
Antoinette’s will (Probate Case No. 662463 in the Superior Court
of the State ... that even if the period of pendency of notice of motion were
excluded, the petition for cancellation of probate was barred by
time
clearly for the 16 years, the appellant chose not to challenge
the probate granted in favour of the respondent, despite knowledge. This
aspect has clearly ... correct that during the pendency of the injunction suit
Rati Ram disclosed that he has obtained the probate of the will
dated
issued citations in the probate case. Besides this, the
respondents were aware about the Will as well as the
probate granted by the Court below ... necessary
parties in probate proceedings.
3. In response to the notice, respondents are
being represented by their counsel. During the pendency
of the appeal
Advocate of deceased but no steps were taken for obtaining a probate
soon thereafter. Subsequently, one of the LRs of the deceased withdrew ... thus the dispute
arose. During pendency of the appeal, one more sister of appellant
revoked her consent to the probate petition. The judgment
Sh. Prem Kumar Dhawan (Now Deceased) vs The State (Nct Of Delhi) on 6 June
stated that the applicant came to know of the
grant of probate when the same was disclosed by Smt. Urmila Devi in
the month ... applicant was made a party to the probate
case nor the petitioner disclosed the factum of the pendency of the
case. It has been further
