JUDGMENT :

Krishna Rao, J.:

1. The petitioner being the defendant no.1 in Civil Suit No. 96 of 2020 had filed the present application praying for stay of all further proceedings in CS No. 96 of 2020 till final disposal of PLA No. 175 of 2022. pending before this Court.

2. Mr. Shounak Mukhopadhyay, learned Advocate representing the petitioner submits that the plaintiffs have filed the present suit claiming there 1/9th share each over the property left behind by the deceased Kuldeep Saha, who is the husband of the plaintiff No.1 and father of the plaintiff No. 2. He submits that the plaintiffs were well aware that the deceased Kuldeep Saha died after making and publishing his last Will and Testament dated November 26, 2016 by appointing one Mr. Sujit Guin as Executor.

3. Mr. Mukhopadhyay submitted that Mr. Sujit Guin had already filed an application being PLA No.175 of 2022 before this Court for grant of probate of the last Will and Testament of the deceased Kuldeep Saha which involves the suit property of the instant suit.

4. Mr. Mukhopadhyay submitted that the application filed by Mr. Sujit Guin for grant of probate with respect of the last Will and Testament of the deceased Kuldeep Sah