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2023 Supreme(Cal) 596

SABYASACHI BHATTACHARYYA
In The Goods of : Shri Om Prakash Maniyar (Deced) – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Narbada Devi : Mr. Ranjan Bachawat, Sr. Adv., Mr. Rudraman Bhattacharya, Mr. Sayantan Das.
For the Chandni Maniyar : Mr. Sabyasachi Choudhury, Mr. Rajarshi Dutta, Mr. V.V.V. Sastry, Ms. Vidhi Sharma.
For the Dheeraj Maniyar : Mr. Abhrajit Mitra, Sr. Adv., Mr. Rachit Lakhmani, Mr. Vishwarup Acharyya, Mr. Sourav Roy.
For the Subhash Maniyar : Mr. S.K. Kapur, Sr. Adv., Mr. Dhruba Ghosh, Sr. Adv., Mr. Sakya Sen, Mr. Varun Kedia, Mr. Altamash Alim, Ms. Priyanka Prasad.

JUDGMENT :

In Re: GA/1/2021 and GA/5/2022

1. The parent probate proceeding bearing PLA No.327 of 2021 is for grant of probate of the alleged last Will and testament of Late Om Prakash Maniyar dated August 3, 2020. In the said Will, his wife Smt. Chandni Maniyar was made the sole Executrix. In the event of demise of the executrix prior to obtaining probate, the Testator’s elder son Subhash Maniyar was named as the Executrix.

2. Another previous Will of the same Testator has come into the fray. Such Will is dated January 30, 2018, wherein Subhash Maniyar is the Executrix. However, the present probate proceeding has been instituted by Chandni for probate of the latter Will.

3. The Dramatis Personae of the present narrative are as follows :

Om Prakash Maniyar (since deceased)

Narbada Devi (first wife)

Chandni (second wife)

Subhash (elder son)

Dheeraj (younger son)

4. Five applications were taken up for hearing together, all arising out the same probate proceeding, that is, PLA No.327 of 2021.

5. GA No. 1 of 2021 is primarily for appointment of Administrator Pendente Lite

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