though there is Probate Order which
prima facie validated the Will in question. Learned
counsel for the Petitioner submits that a Probate operates ... Proviso to Section 135 of the 1964 Act and a
Probate granted in respect of a Will under the 1925 Act
for the purpose
jurisdiction of this Court for assailing
the orders of injunction dated 25.03.2015, granted by the
trial Judge and the order dated 10.08.2016 affirmed ... such a relief might be granted if the petition was filed under
Section 295 of the Act seeking probate of a Will if and when
issues would
overlap, we are of the view that both the probate
proceedings and the civil suit should be clubbed
and heard together ... hear and dispose of both
the civil suit as well as the probate proceedings.
We are supported in the view that we have
taken
dated 30.01.2012
whereby learned Judge of the Fast Track Court - V has
granted a Preliminary Decree for Partition & Separate
Possession of subject properties ... four satisfied in rem jurisdictions namely, Insolvency,
Matrimonial, Probate & Admiralty and setting aside of any
statute.
3. He further submits that
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