RAMA MUKHERJEE Vs. MITRA MUKHERJEE
HIGH COURT OF GAUHATI
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. A. Dasgupta, the learned senior Counsel assisted by Mr. G. Goswami, the learned counsel for the petitioner. Also heard Mr. D. Baruah, the learned counsel appearing for the respondents.
(2.) The challenge in this application under Section 227 of the Constitution of India is the order dated 08.12.2017 passed by the learned District Judge, Sonitpur, Tezpur in T.S. (P) Case No.43/2010 (formerly Misc (P) Case No.36/2010). By virtue of the said order which was passed on petition No.2064/2017 dated 06.12.2017, the prayer made for issuance of notice of the Collector of the District under the provisions of Section 19-H of the Court Fees Act, 1870 was kept pending for consideration at the time of final hearing.
(3.) The respondent herein is the petitioner in an application filed under Section 276 of the Indian Succession Act, 1925 for grant of probate of a perported will of Late Dr. Soumendra Mohan Mukherjee, resident of Tezpur, District of Sonitpur, Assam. It appears from the copy of the probate petition that the petitioner herein is the sole respondent in the said probate application. From the order impugned herein, it appears that the said probate proceeding was last posted at 8.02.2018 for cross-examination of plaintiff witnesses. At this stage, petition No.2064/2016 dated 06.12.2017 had been filed by the petitioner.;
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