JUDGMENT :

Krishna Rao, J.

This is an appeal directed against the judgment passed by the Learned Single Judge in T.S. No. 3 of 2003 dt. 19th August, 2015 which was further corrected on 9th September, 2015.

1. Introduction with brief outline :

a. The respondent Dhananjoy Bhar had initially preferred an application before the Learned Single Judge being PLA No. 190 of 2001 for grant of probate of the last Will and testament dt. 1st December, 1999 executed by the Testator Dulal Chandra Bhar, since deceased. In the said application, the respondent had stated that the father Dulal Chandra Bhar had appointed the appellant and respondent herein as executors of the said last will and testament being the sons of the testator but the appellant being the one of the executor was not interested to act as an executor and thus the respondent has filed the said application.

b. In the said application, it was further stated that the father (testator) died leaving behind his wife, two sons and three daughters but the respondent unable to obtain consent from the other legal heirs of the testator.

c. After filing of probate application, the mother Smt. Urmila Bhar, daughters namely Dipti Paul, KumKum De, Rum