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2018 Supreme(Del) 3285

RAJENDRA MENON, V.KAMESWAR RAO
Jasdeep Singh Kalsi – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Mr. Raman Kapur, Sr. Adv. with Mr. Mohit Khanna, Adv.
For the Respondent: Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Aman Nandrajog, Adv.

JUDGMENT :

V. KAMESWAR RAO, J.

1. These two appeals have been filed by S. Jasdeep Singh Kalsi challenging the order of the learned Single Judge in TEST.CAS. Nos. 57/2009 and 40/2016, whereby the learned Single Judge has granted probate of the Will dated July 01, 1997 registered on December 15, 1997 ((Ex.RW-3/1) in favour of joint executors Anil Dip Singh Kalsi and Jasdeep Singh Kalsi. The Testamentary Case No.57/2009 was filed by Anil Dip Singh Kalsi, who sought probate of the Will dated July 01, 1997 which was duly registered on December 15, 1997, whereby the Anil Dip Singh Kalsi was bequeathed the entire property of P-83, NDSE, Part-II.

2. The Probate Case No. 40/2016 was filed by S. Jasdeep Singh Kalsi and Harpreet Singh Kalsi as a Probate Case No.177/2007 claiming share in the property number P-83, NDSE, Part-II, as per the registered Will dated December 21, 1987 before the learned District Judge. In the said Probate Case i.e. No.177/2007, the objections were filed by Anil Dip Singh Kalsi (petitioner in Testamentary Case No.57/2009). The learned District Judge decide the issue on validity of Will dated December 21, 1987 and granted a Probate Certificate in favour of S. Jasdeep Sin

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