JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Effect of pendency of a probate proceeding vis-‘-vis a criminal case involving allegations of forgery of a Will is the question involved in this appeal. It arises out of a judgment and order dated 23.7.2005 passed by a learned single judge of the Delhi High Court in Criminal Revision No. 184 of 2005.

3. Before embarking on the said legal question, we may notice the factual matrix involved herein.

One Shamim Amna Imam (testatrix) indisputably was the owner of the properties in question. Allegedly, she executed a Will in favour of the appellants on 3.5.1998. She expired on 23.5.1998.

Her legal heir was one Smt. Syeda Mehndi Imam (‘Syeda’ for short), the mother of the testatrix. On or about 23.1.1999, Syed Askari Hadi Ali Augustine Imam (‘Askari’ for short) filed an application before the office of the Sub-Registrar Hazaribagh in the State of Jharkhand for registration of the said Will dated 3.5.1998. He also applied before the Delhi Development Authority (DDA) for grant of mutation in respect of the property situated at A-4, Chirag Co-operative Housing Society Limited known as Chirag Enclave, New Delhi on or about 25.2.1999 in view of the