JUDGEMENT
V.KAMESWAR RAO, J. -
(1.)These two appeals have been filed by S. Jasdeep Singh Kalsi challenging the order of the learned Single Judge in TEST.CAS. Nos. 57/2009 and 40/2016, whereby the learned Single Judge has granted probate of the Will dated July 01, 1997 registered on Dec. 15, 1997 ((Ex.RW-3/1) in favour of joint executors Anil Dip Singh Kalsi and Jasdeep Singh Kalsi. The Testamentary Case No.57/2009 was filed by Anil Dip Singh Kalsi, who sought probate of the Will dated July 01, 1997 which was duly registered on Dec. 15, 1997, whereby the Anil Dip Singh Kalsi was bequeathed the entire property of P-83, NDSE, Part-II.
(2.)The Probate Case No. 40/2016 was filed by S. Jasdeep Singh Kalsi and Harpreet Singh Kalsi as a Probate Case No.177/2007 claiming share in the property number P-83, NDSE, Part-II, as per the registered Will dated Dec. 21, 1987 before the learned District Judge. In the said Probate Case i.e. No.177/2007, the objections were filed by Anil Dip Singh Kalsi (petitioner in Testamentary Case No.57/2009). The learned District Judge decide the issue on validity of Will dated Dec. 21, 1987 and granted a Probate Certificate in favour of S. Jasdeep Singh Kalsi and Harpreet Singh Kalsi. As the issue of propounding the Will dated July 01, 1997 was pending before the High Court and sub-judice, thus the said issue was not decided.
(3.)Anil Dip Singh Kalsi challenged the order dated July 10, 2014 passed by the learned ADJ by filing FAO No.34/2014, wherein with the consent of the learned Counsel for both the parties the judgment dated July 10, 2014 and the subsequent correction made on July 21, 2014 was set aside. The Probate Case No.177/2007 was transferred to this Court and numbered as Testamentary Case No.40/2016.
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