Will dated 20th December
1984 when they could know about the pendency of Probate
Case No. 111 of 1987 filed an application vide ... news papers
which was meant to disseminate the information about the
pendency of probate case and whoever had any interest in the
property were called
application. Putting it differently,
the petitioner has not mentioned about pendency of probate
proceeding in his application filed before the court below. In the
present ... repetition, in my view, since the petitioner
has not pleaded about pendency of probate proceeding, the
court below had no occasion to examine this aspect
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
case is pending between the parties and in the
background of pendency of probate case no.26 of 2014 filed by
the wife
disclosed in the application.
The court has also taken note of pendency of
probate application No.16 of 2008 and though
there is no statement
sharers.
The plaintiff- petitioner has made a reference to the pendency of a
probate petition pending at Delhi Courts. During pendency of the suit ... plaintiff- petitioner the probate petition appears to have been
decided by probate Court at Patiala House, Delhi. The defendants-
respondents had sought to incorporate
submitted that applicant no.1 Mahura Bhagat
died during the pendency of probate case and thereafter
substitution application was filed which was allowed
filed a probate
petition against the respondents. The respondents had never
ever received summons or any kind of information regarding
probate case filed ... said reason, one of the respondents were aware
about the pendency of probate petition.
4. Further, the petitioner intentionally or in a very
calculated manner
also rightly stated by learned counsel for DH,
merely the pendency of probate case relating to same suit property is not a
ground for stay ... present
objections is that present execution proceedings be stayed till pendency of
such probate petition, which are already decided at present by such trial
court
also admitted that his sister was knowing
about the pendency of the present probate petition.
29. RW4 is Sh. Umesh Jain. He has stated that ... cannot say whether his
sister was knowing about the pendency of the present probate
petition while he sold his share vide sale deed mark
