learned
Single Judge [hereinafter referred to as „LSJ‟] during the pendency of
the W.P.(C) 1271/2020 [hereinafter referred to as „Guardianship
Petition ... Prayer „b‟ shall not be maintainable due to the pendency of the
probate petition.
iii. Prayer „b‟ and „B-A‟, though sought alternatively
proceeding therein pressed into service by him in view of the
pendency of Probate Misc. Case No.12 of 2024 subjudice in the
court ... present one. Having regard to the facts pleaded on
record and pendency of Probate Misc. Case No.12 of 2024 and
regard being
document,
the learned Counsel for Respondent No. 3 submitted that the probate case
Signature Not Verified FAO 203/2008 Page 10 of 16
Signed ... year old
document at the time of filing of the probate case. The pendency of the
probate case before the learned Trial Court
admitted fact.
3. The two sons of Ramchandra Sahu died during pendency
of Probate case no. 73/1966 is the admitted facts
petitioner
urged that the appellant had due notice of the pendency of the probate
proceedings and that she never preferred any objections. It was further ... such
legal proceedings. Notably, both suits were dismissed during the
pendency of the probate case.
25. At this juncture, it would be relevant to take
executed any Will.
5. He then submits that during the pendency of the said
probate case, the petitioners herein and the proforma opposite party ... proforma O.P. No. 2 have appeared and during the pendency of the said
probate case, a petition has been filed for comparing
consolidated proceedings.
4.2. It was contended that during the pendency of the probate
proceedings, Late Sh. Shoukat Rai Malhotra had moved I.A.
No.1414 ... collusion and by suppression of the pendency of CS(OS) No.98/1998
and the connected probate proceedings. An application seeking to set
aside consent
Mohan
Manchanda passed away during the pendency of the probate proceedings
on 24.09.2016 and on application under Order XXII Rule 4 read with
Section ... cannot be said that the appellant was unaware of
the pendency of the probate proceedings. It appears that she deliberately
kept herself away from
disclosed in para-10 of the probate case. Finally in
-2-
[2025:JHHC:15663]
the order dated 28.02.2020, it has been recorded that the pasting ... Binod Poddar
presented the present probate case and during the pendency of present
probate case, said Binod Poddar has left for his heavenly abode
submits that since the applicant was not aware
of the pendency of the probate proceeding in which the delay had been condoned by
the learned ... occurred due to the applicant
being not aware of the pendency of the Probate Case No. 5/2025 and the passing of
the order dated