MANJU MITRA & ORS. Vs. ANIL KRISHNA PAUL

JUDGEMENT

(1.) This revisional application is directed against order dated August 29, 2011 passed by the learned Judge of Fast Track Court No. 1 at Barasat, 24 Parganas (N). By the order impugned, the learned Judge refused to stay trial of Other Suit No. 48 of 2008, arising out of an application for probate filed by the opposite party no.1, and thereby rejected the application under Sec. read with Sec. , Civil Procedure Code filed by the petitioners. The petitioners are the widow, two sons and a daughter of Harihar Mitra (since deceased). According to them, Harihar Mitra had passed away on February 21, 2007 intestate.

(2.) Facts leading to the order impugned may be noted first.

(3.) The application of the opposite party no.1 under Sec. of the Indian Succession Act 1925 filed before the Court of the learned District Delegate at Barasat was registered as Misc. Case No. 391 of 2007. Probate of a registered will dated May 5, 2006 said to have been executed by Harihar Mitra, whereby the testator had bequeathed his property situated at BC 188, Salt Lake, Sector -I, Kolkata -700064 and other movable and immovable properties, as mentioned in the schedule of the annexed will in favour of the opposite party, was prayed for. The petitioners entered appearance in the said misc. case on February 13, 2008 and filed their written objection. The misc. case having become contentious, the same was transferred to the Court of the learned District Judge at Barasat and renumbered as Other Suit No. 48 of 2008. It has since been re -transferred to the learned Fast Track Court No. 1 for decision.