The petitioner in both these writ applications, is the son of late Naresh Bhattacharjee. He lives in his ancestral house in Katihar Town. It appears, in the same house, the brothers of late Naresh Bhattacharjee live with their family as well. The families are Bengalis and governed by Dayabhag School of Hindu Law. Late Naresh Bhattacharjee, the father of petitioner died living behind a Will for getting it probated. Testamentary Case No. 1 of 2006 was pending before the District Judge, Katihar which has now become Testamentary Suit NO.2 of 2008 on contest before the District Judge, Katihar. The Will has been executed in relation to various properties on the basis that the properties mentioned therein were individual properties of late Naresh Bhattacharjee. He had created a beneficial interest in favour of Pranab Bhattacharjee, his younger brother and Shyamali Bhattacharjee, his sister. They were to receive fixed sums monthly under the Will for a certain period. Petitioner was made the sole executor of the said testamentary dispositI9f1. It appears the 2 beneficials under the will chose not to accept the Will and its dispositions. They led complaints before learned Sub-Divisional