The Commissioner Of Purnea Municipality And ORS v. Sushil Kumar Sharma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18617 of 2015 ====================================================== The Commissioner Of Purnea Municipality & Ors .... .... Petitioner/s

Versus

Sushil Kumar Sharma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-06-2016 Heard the learned counsel, Mr. B.N.P. Singh, for the petitioner.

Perused the order dated 23.05.2015 passed by Addl. Munsif, Purnea in Title Suit No.227 of 1998.

It appears that the said suit was filed by the plaintiff respondent for declaration of title with respect to the suit property. The defendants filed written statement denying the title. Thereafter, the petitioner filed application praying for getting the proceeding of the title suit in abeyance till the production of the probate certificate by the plaintiff as the plaintiff cannot claim title on the basis of unprobated Will as provided under Section 213 of the Indian Succession Act.

The Court below has held that the plaintiff nowhere mentioned any probate has been filed and he has obtained probate certificate and, therefore, the suit cannot be kept abeyance.

Patna High Court CWJC No.18617 of 2015 (2) dt.27-06-2016 2/2 In view of the above finding of the Court blow, I do not find any reason to interfere with the impugned order. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T