Sukhbati vs Kanto Devi And Others
2024 Latest Caselaw 463 Jhar

Jharkhand High Court

Sukhbati vs Kanto Devi And Others on 16 January, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                      1

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       MA. No. 243 of 2023

     1. Sukhbati
     2. Raju Lal                               .......Appellants
                  Versus
Kanto Devi and Others
                                             ......    Respondents
                          ........

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---------

For the Appellant : Mr. Amar Kumar Sinha, Advocate

03/Dated: 16/01/2024 Mr. Amar Kumar Sinha, learned counsel for the appellants submits

that this appeal is arising out of Probate case which has been decided by

judgment dated 21.06.2023 under Section 276 of the Indian Succession Act. He

submits that the said WILL is of the year, 1986 and executor has left for his

heavenly abode in the year, 1986 itself and the probate case was filed in the

year, 2019. He submits that the appellant no.1 is the wife of the executor

whereas WILL is sworn in favour of the daughter-in-law. He submits that this

aspect of the matter has not been dealt with by the learned court properly. He

submits that I.A. No. 10579 of 2023 has been filed for staying the

implementation of the said judgment as during the pendency of the present

appeal the dependents are trying to throw out the appellants from their house

and for this purpose they are using all means. He submits that even Water

Connection is not being restored after the order passed in Original Suit No.

8/2019. He relied in the case of "Sameer Kapoor and Another Vs. The

State through Sub-Division Magistrate South, New Delhi and Others

"2020 12 SCC 480.

2. Issue notice upon the respondents in the appeal as well as I.A. No.

10579 of 2023 under registered cover with A/D as well as by ordinary process

for which requisites etc. must be filed within two weeks.

3. Let it appear on 04.03.2024.

4. Till the next date, status quo, as on today, shall be maintained by

the parties.

5. In the meantime, call for Lower Courts Record from the court

concerned.

( Sanjay Kumar Dwivedi, J.) Satyarthi/