Rajasthan High Court - Jodhpur
Harpal Singh vs Ajaypal Singh on 15 December, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1141/2021
1. Harpal Singh S/o Pritam Singh, Aged About 65 Years,
Chak 32 G.b. Tehsil Shrivijaynagar, District Sriganganagar
2. Harbhajan Singh S/o Pritam Singh, Aged About 60 Years,
Chak 32 G.b. Tehsil Shrivijaynagar, District Sriganganagar
3. Vijaypal Singh S/o Harbhajan Singh, Aged About 35
Years, Chak 32 G.b. Tehsil Shrivijaynagar, District
Sriganganagar
4. Inderjeet Singh S/o Harpal Singh, Aged About 40 Years,
Chak 32 G.b. Tehsil Shrivijaynagar, District Sriganganagar
----Appellants
Versus
1. Ajaypal Singh S/o Kripal Singh, Chak 32 G.b. Tehsil
Shrivijaynagar, District Sriganganagar
2. Narenderpal Singh S/o Kripal Singh, Chak 32 G.b. Tehsil
Shrivijaynagar, District Sriganganagar
3. All Ordinary, N/a
4. Lacchman Kaur W/o Pritam Singh, Chak 32 G.b. Tehsil
Shrivijaynagar, District Sriganganagar
5. Jangeer Kaur W/o Gurdeep Singh, Chak 42 G.b. Tehsil
Shrivijaynagar, District Sriganganagar
6. Kripal Singh S/o Pritam Singh, Chak 32 G.b. Tehsil
Shrivijaynagar, District Sriganganagar
7. Bhajan Kaur W/o Bhajan Singh, R.b. Tehsil Raisinghnagar,
District Sriganganagar
8. Salvinder Kaur W/o Rajendrapal Singh, Care Of Rajasthan
Garments 1 B- Public Park, Near Favvara Chowk Gole
Bazaar, Tehsil And District Sriganganagar
9. Kulvinder Kaur W/o Bhupender Singh, Narela Kheda
Dhani Mota Singh, Tehsil Ding, District Sirsa (Haryana)
10. Balvinder Kaur W/o Surender Singh, 02 Slm Dhani
Darshan Ki Hanumangarh Town, Tehsil And District
Hanumangarh
11. Jasvinder Kaur W/o Kamaljeet Singh, Dhani Lal Singh,
Teja Singh Ghamurathedi Raniya, District Sirsa (Haryana)
(2 of 3) [CMA-1141/2021]
12. Sumitpal Singh S/o Harpal Singh, Chak 32 G.b. Tehsil
Shrivijaynagar, District Sriganganagar
----Respondents
For Appellant(s) : Mr. Muktesh Maheshwari
For Respondent No.1 : Mr. B.M. Aggarwal
& 2-caveatgor
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
15/12/2021
This misc. appeal is filed assailing the judgment and order
dated 10th August, 2021, whereby and whereunder a probate
certificate has been ordered to be issued in favour of the
respondents No.1 & 2/applicants on the basis of Will dated
06.062009 by one Pritam Singh.
It has been alleged that the probate proceedings were
opposed and have been tried like civil suit and the evidence of
both the parties were recorded. Thus, the matter requires
consideration.
Admit. Issue notice.
Call for the record.
Since the respondents No.1 & 2 have appeared as caveator,
no notice need to be issued to them. Issue notice to respondent
No.4 to 12 only.
The appellants may file notices in two sets. One set be sent
by ordinary post and another by registered post.
The respondents may file reply, if so desire.
In the meanwhile and until further orders, the operation of
the impugned order dated 10th August, 2021 passed by the Addl.
(3 of 3) [CMA-1141/2021]
District Judge, Raisingh Nagar, District Sri Ganganagar shall
remain stayed.
(SUDESH BANSAL),J
11-a.asopa/-
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