Manmohan, J. (Oral):

I.A. 14466/2012 IN TR.P.(C) 20/2012

Allowed, subject to just exceptions.

TR.P.(C) 20/2012 & I.A. 14465/2012

1. Present transfer petition has been filed under Sections 23 and 24 of Code of Civil Procedure, 1908 for transfer of probate case bearing RC No. 3/2011 pending before Additional District Judge, Tis Hazari Courts, Delhi to this Court.

2. Learned counsel for the petitioners states that the petitioners have already filed a suit for partition against respondent no. 1 being CS(OS) 39/2011 in this Court. He further states that vide order dated 10th January, 2011 this Court in CS(OS) 39/2011 stayed the alienation and transfer of properties which are subject matter of the said suit.

3. Subsequently, respondent no. 1 filed a probate petition in Tis Hazari Courts being RC No. 3/2011 alleging that the deceased father of the petitioner had left behind a Will dated 22nd October, 2004 bequeathing the entire suit property in favour of respondent no. 1. It is the petitioner no. 1’s case that the alleged Will dated 22nd October, 2004 is a forged and fabricated document.

4. Learned counsel for the respondent fairly states that both the probate petition as well as civil