CLARINDA MOMIN Vs. BRISHMONY G. MOMIN
LAWS(MEGH)-2021-10-1
HIGH COURT OF MEGHALAYA
Decided on October 28,2021

Clarinda Momin Appellant
VERSUS
Brishmony G. Momin Respondents

JUDGEMENT

W. Diengdoh, J. - (1.)Heard Mr. A. H. Hazarika, learned counsel for the Appellant who has submitted that the Appellant herein is the executor of the last Will and Testament of her elder brother (Late) Pleander G. Momin, who during his lifetime had executed his last Will and Testament on 31/8/2004, bequeathing all his landed property including four residential standing houses and other belongings, moveable and immoveable to the Appellant herein to the exclusion of the Respondent herein who was his first wife. The said elder brother of the Appellant expired on 23/9/2004.
(2.)Mr. Hazarika has further submitted that the Appellant had made an application before the Garo Hills District Council Court at Tura for administration of the last Will and Testament as stated above and the learned Court vide order dtd. 10/5/2007 had granted probate of the Will in favour of the Appellant.
(3.)The Respondent being aggrieved by the said order dtd. 10/5/2007 had approached the Hon'ble Gauhati High Court, Shillong Bench, (as this Court then was) with a revision application registered as CR(P) No. 18 (SH) of 2008 and the Hon'ble High Court after hearing the parties vide judgment and order dtd. 9/7/2009 had allowed the said revision application and has set aside the probate of the Will dtd. 10/5/2007 and has further directed that the case be transferred to the learned Judge, District Council Court, Shillong.


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