Research › Search › Judgment

Rajasthan High Court · body

2004 DIGILAW 95 (RAJ)

Sohan Singh @ Sohan Lal v. Mohan Lal

2004-01-20

K.K.ACHARYA, N.N.MATHUR

body2004
JUDGMENT 1. - This special appeal is directed against the order of the learned Single Judge, which reads as follows:- "Heard. It appears that it would be in the interest of justice if the hearing of all the connected cases is done on one day without consolidating them. The suits may be fixed on a day, proceedings may be taken and decision be rendered separately. The writ petition is disposed of." 2. The facts giving rise to the instant appeal are that one Sri Ram with his wife Smt. Hadmani Devi lived in a locality known as Bohrawadi in Nagaur Town. He was issueless. He was also running a sweet shop in the Town. The appellant claimed that he was brought up by the said couple. He used to work on the shop. He also used to look after them. Sri Ram died on 25.9.1986 leaving behind his wife Smt. Hadmani Devi. She bequeathed half share in the property to the appellant by executing a will. The half share was sold by her in the year 1992 to Inder Singh and Lal Singh Hadmani Devi died on 6.11.1996. The appellant filed an application for grant of probate in the Court of Additional District Judge, Nagaur which was registered as Civil Misc. Case No. 1/97. The respondent-Mohanlal claims right in the subject property under the Law of Succession. He objected to the grant of probate. He also threatened to dispossess him from the property. Thus, the appellant filed a Civil suit for injunction against respondent-Mohan Lal in the Court of Civil Judge (Sr. Division), Nagaur, which has been registered as Civil Suit No. 3/97. The respondent Mohan Lal has also filed a Civil Suit for declaration and injunction with respect to the same property which has been registered as Civil Suit No. 11/98 pending in the Court of Additional District Judge, Nagaur. 3. The appellant filed an application before the Court of Additional District Judge, Nagaur for consolidation of the probate proceeding and both the suits. The application was rejected vide order dated 6.10.2003. The appellant challenged the said order by way of a writ petition u/Art. 227 of the Constitution of India. 3. The appellant filed an application before the Court of Additional District Judge, Nagaur for consolidation of the probate proceeding and both the suits. The application was rejected vide order dated 6.10.2003. The appellant challenged the said order by way of a writ petition u/Art. 227 of the Constitution of India. The learned Single Judge refused the relief to consolidate the proceedings of both the suits and probate application, however, directed that the suits may be fixed on day and the proceedings may be taken, but the decision be rendered separately. 4. We hae heard the learned counsel for the parties. The learned counsel has placed reliance on a decision of the Apex Court in Nirmala Devi v. Arun Kumar Gupta & Anr., reported in2005 (12) SCC 505 Apex Court Journal 191 (SC). It cannot be disputed that the decision in a probate proceeding on the question of proof of will, will have a direct impact on a suit. Thus, it is desirable that proceedings on probate application and the two suits referred to above are taken by the one and the same Court. The probate application as well as the suit No. 11/98 is already pending in the Court of Additional District Judge, Nagaur. In the fats of the case, it is desirable that the Civil Suit No. 3/97 pending in the Court of Civil Judge (Sr. Division), Nagaur be also transferred to the Court of Additional District Judge, Nagaur. Mr. Ranjeet Joshi learned counsel appearing for the respondent has no objection to transfer of the said suit to the Court of Additional District Judge, Nagaur. 5. Consequently, the special appeal is partly allowed. It is directed that the Civil Suit No. 3/97 filed by the appellant pending in the Court of Civil Judge (Sr. Division), Nagaur shall stand transferred to the file of Additional District Judge, Nagaur. The Additional District Judge, Nagaur will take up the probate application No. 1/97, the Civil Suit No. 11/98 as well as the transferred suit (3/97) together Without consolidating them.Special appeal partly allowed. *******