Jawahar Prasad v. Sri Braj Bhushan Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.59 of 2023 ====================================================== Jawahar Prasad Son of Laldeo Prasad, R/o Mohalla- Machhua Toli, Santoshi Mata Mandir, Arya Kumar Road, P.S.- KadamKuan, District- Patna. .. ... Petitioner/s

Versus

1.

Sri Braj Bhushan Singh Son of Late Mishri Singh, Resident of VillageHarpur, Hathder, P.S. Phulwarisharif Now Gaurichak, District- Patna. 2.

Sri Shashi Bhushan Singh Son of Late Mishri Singh, Resident of VillageHarpur, Hathder, P.S. Phulwarisharif Now Gaurichak, District- Patna. 3.

Sri Vijay Singh Son of Late Lakhan Singh, Resident of Village- Harpur, Hathder, P.S. Phulwarisharif Now Gaurichak, District- Patna. 4.

Estate of Late Ram Rati Devi Wife of Late Alakhdeo Singh, Resident of Village- Harpur, Hather, P.S.- Phulwarisharif now Gaurichak, Disrict- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-10-2023 Heard the parties.

2. The application dated 23.03.2022 filed by the intervenor in the probate case No. 107 of 2018 has been rejected by the A.D.J.-21, Patna. He has held that the petitioner being a purchaser has no right to intervene in the probate case as in the probate case, the genuineness and validity of the Will is to be decided. The intervenor petitioner had denied the title of the testator in some of the land mentioned in the Will and, therefore, he wanted to be added as a party.

3. In my opinion, no case for interference is made out as the learned A.D.J.-21 has rightly decided to reject the application for intervention.

Patna High Court C.Misc. No.59 of 2023(2) dt.07-10-2023 2/2

4. In view of the above, this application is dismissed. (Sandeep Kumar, J) Saif/- U