JUDGMENT/ORDER

1. This writ petition is filed by the petitioner in P & SC.No.84/2022 on the file of XVI Addl. City Civil and Sessions Judge (CCH-12), Bengaluru. She has challenged the order dtd. 31/10/2022 produced at Annexure 'A'.

2. Heard Smt. Rashmi George, learned counsel for the petitioner, and Sri. Joshua Hudson Samuel, learned counsel for respondent no.1 and Smt. Vishali Sri Laxmi, learned counsel for respondent no.2.

3. The material facts are that the petitioner applied for letters of administration under Sec. 231 and 232(b) of the Indian Succession Act in respect of a will executed by Mr. Edmond D'Cruz. The petitioner is one of the legatees under the will. The testator appointed the first respondent as the executor of the will and as he did not take steps immediately for obtaining probate, the petitioner approached the court for letters of administration by filing P & SC No.84/2022 in which the first respondent is a party. After the first respondent received the notice of P & SC 84/2022, he approached this court for issuance of probate by filing Probate - CP.No.6/2022. Then he entered appearance before the court below and made an application under Sec. 10 r/w sec. 151 CPC s