Sahidullah Munshi, J. - (1.) The Court : PLA 62 of 2006 was filed by the propounder plaintiff Sri Manoj Kumar Das for having grant of probate on the last Will and Testament dated 24th February, 2005 of Asim Kumar Das (deceased). The probate application has been contested by the defendant by filing caveat and affidavit in support of such caveat and subsequently, the proceeding has been treated as a testamentary suit.
(2.) Now, the parties have reached a settlement that is to say the defendant agreed not to oppose the grant of probate. The settlement has been taken on record. The Will has been duly proved. In the settlement one issue has been agreed by both the parties that in the event this Court grants probate then the executor Manoj Kumar Das has agreed not to make any claim in respect of undivided share of the property being 135, Rashbehari Avenue, Kolkata 700 029.
(3.) On the last occasion when the terms of settlement was sought to be filed it was submitted that the probate proceeding may be finally disposed of in terms of the said terms of settlement, this Court did not agree to such submission made by the parties and an objection was raised on behalf of this Court that a probate either to succeed or to be rejected, that is, solely on the basis of the parties able to prove the execution of the Will.;