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2011 Supreme(Del) 166

MOOL CHAND GARG
Shyam Mohan Gupta – Appellant
Versus
Brij Mohan Gupta thr. L. Rs. – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/plaintiff: Vinay Kr. Garg and Fazal Ahmad, Advs.

JUDGMENT

Mool Chand Garg, J.

CM No. 17926/2008

1. Since the LRs of the deceased Respondent No. 1 were duly served and the counsel appeared on their behalf, the application stands disposed of.

2. It is, however, noted that nobody is appearing on behalf of the Respondents since 22.09.2009. The Respondents seem to have lost interest in the matter.

FAO No. 439/2008

1. This appeal has been filed by the propounders of the Will dated 09.12.1994 which was registered before the Sub-Registrar on 13.12.1994 alleged to have been executed by Late Smt. Rukmani Devi, the testatrix thereby bequeathing her house bearing No. 3014, Masjid Khazoor, Kinari Bazaar, Delhi in favour of the Appellants. However, the learned ADJ vide order dated 01.09.2008 dismissed the probate petition registered as P.C. No. 162/2006.

2. Briefly stating the facts giving rise to filing of this case are that the deceased testatrix Smt. Rukmani Devi left behind herself the Appellants as well as the Respondents as her legal heirs. While Respondents No. 2 to 6 are sons and daughters of the deceased, Appellants No. 2 to 4 and Respondents No. 1(a) to 1(f) are the grand children of the deceased testatrix. Respondents No. 4 to 6 are the ma
































































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