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Pushpa Devi Vs. Moti Lal - Court Judgment

LegalCrystal Citation
CourtRajasthan Jodhpur High Court
Decided On
AppellantPushpa Devi
RespondentMoti Lal
Excerpt:
.....('the act') filed by the applicant smt. pushpa devi was allowed and it was directed that requisite probate certificate in prescribed form be issued to her upon deposit of court fees in accordance with the provisions of the rajasthan court fees and suit valuation act, 1961. the judgment of this court dated 4.9.2008 was challenged before the hon'ble supreme court by filing special leave petition no.27072 of 2008 by moti lal. during the pendency of the said special leave petition, the matter was compromised between the parties and the hon'ble supreme court by its order dated 4.1.2013 observed as under:- 2 during the pendency of this appeal, the parties have entered into a compromise agreement. a copy of the said compromise agreement, signed by the learned counsel for the parties to the lis,.....
Judgment:

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: S.B. CIVIL TESTAMENTRY NO.1/1999 Pushpa Devi Vs. Moti Lal Date of Order ::

29. 07.2013 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Sajjan Singh, for the petitioner/s. Mr. M.R. Singhvi, Senior Advocate assisted by Mr. Mohit Singhvi, for the respondent/s. ---- BY THE COURT: This petition was decided by this Court vide judgment dated 4.9.2008, whereby the application under Section 276 of the Indian Succession Act, 1925 ('the Act') filed by the applicant Smt. Pushpa Devi was allowed and it was directed that requisite probate certificate in prescribed form be issued to her upon deposit of court fees in accordance with the provisions of the Rajasthan Court Fees and Suit Valuation Act, 1961. The judgment of this Court dated 4.9.2008 was challenged before the Hon'ble Supreme Court by filing Special Leave Petition No.27072 of 2008 by Moti Lal. During the pendency of the said Special Leave Petition, the matter was compromised between the parties and the Hon'ble Supreme Court by its order dated 4.1.2013 observed as under:- 2 During the pendency of this appeal, the parties have entered into a Compromise Agreement. A copy of the said Compromise Agreement, signed by the learned counsel for the parties to the lis, reflects the overall terms and conditions agreed upon by the parties in pursuance to the Medication Proceedings conducted in pursuance of earlier order of this Court, dated 22.3.2012. We take the Compromise Agreement on record. In view of the Compromise Agreement between the parties, we set aside the orders and remand the matter back to the High Court for issuance of a Probate Certificate, as agreed between the parties in their Compromise Agreement dated 03.01.2013. Alongiwth the order, the settlement as arrived at between the parties has been made a part of the order passed by the Hon'ble Supreme Court wherein the parties have settled the dispute as under:- A. That the mediation report may be taken on record and matter may be remanded to the Hon'ble High Court of Rajasthan at Jodhpur for issuance of the probate certificate to the parties as per this settlement as mentioned below. B. The Hon'ble High Court [in its Original Jurisdiction] may be directed to issue Probate Certificate for the following properties mentioned in the will dated 9.1.1992 as under: a. Probate certificate be issued in favour of the Petitioner in respect of the property Item no.4 [House at KEM Road Bikaner] of will dated 9.1.1992. b. Probate Certificate be issued in favour of the LR's of Late Smt. Pushpa Devi in respect of all other items numbers of will dated 09.01.1992 of Smt. Manak Devi in favour of Smt. Pushpa Devi of immovable and movable properties [except item no.4 of will]; C. The Petitioner herein and his son Shri Jugal Kishore will withdraw two suits and other proceedings if any, which are pending in Civil Court at Sujangarh (Rajasthan) or in any other courts as mentioned in the Mediation report. D. That both the parties and their successor will not file any case or litigation against each other in respect of the movable and immovable properties subject matter of the will dated 09.01.1992 of Smt. Late Manak Devi. In view of the settlement between the parties and direction 3 issued by the Hon'ble Supreme Court by order dated 3.1.2013, this Testamentary Petition is disposed of in terms of the compromise in the following terms :- a. Probate certificate be issued in favour of Moti Lal in respect of the property Item no.4 House at KEM Road Bikaner of will dated 9.1.1992. b. Probate Certificate be issued in favour of the LR's of Late Smt. Pushpa Devi in respect of all other items numbers of will dated 09.01.1992 of Smt. Manak Devi in favour of Smt. Pushpa Devi of immovable and movable properties except item no.4 of will. Further the respondent Moti Lal and his son will withdraw the suits and other proceedings, if any, which are pending in Civil Court at Sujangarh (Rajasthan) or in any other courts and both the parties and their successor will not file any case or litigation against each other in respect of the movable or immovable properties subject matter of the will dated 9.1.1992 of Late Shri Manak Devi. The requisite probate certificate in prescribed form may be issued on deposit of requisite court fees in accordance with the provisions of the Rajasthan Court Fees and Suit Valuation Act, 1961 by respective parties. No costs. (ARUN BHANSALI), J.

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