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2023 Supreme(Del) 3356

NAJMI WAZIRI, VIKAS MAHAJAN
Ajit Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. T.K. Ganju and Dr. Manish Singhvi, Sr. Advocates with Mr. Prateek K. Chadha, AAG, State of Rajasthan, Mr. Sreekar Aechuri, Mr. Arpit Prakash and Mr. Vrishank Singhania, Advocates for State of Rajasthan.
Mr. Sandeep Sethi, Sr. Advocate with Ms. Fareha A. Khan, Ms. Niyati Kohli and Mr. Rishabh Parikh, Advocates, for the Appellant in FAO(OS) 348/2012, CM APPLs. 46546-47/2022 & 3579/2023 and for the Respondent in FAO(OS) 211/2013.
Mr. Paras Kuhad, Sr. Advocate with Mr. Manu Aggarwal, Mr. Jitin Chaturvedi, Mr. Shouib Hussain and Mr. Shubham Budhiraja, Advocates, for the Appellants in FAO(OS) 347/2012.
Mr. Kirtiman Singh and Ms. Shreya Mehra, Advocates for the Trustee in in FAO(OS) 347/2012.
Mr. Rishikesh Kumar, ASC GNCTD with Mr. Aditya Raj, Mr. Muhammad Zaid, Mr. Sudhir Kumar Shukla and Ms. Sheenu Priya, Advocates, for the Respondents in FAO(OS) 347/2012.
Mr. Sandeep Sethi, Sr. Advocate with Ms. Fareha A. Khan, Ms. Niyati Kohli and Mr. Rishabh Parikh, Advocates for R-3 in FAO(OS) 347/2012.
Mr. Tushar Sannu, ASC for GNCTD in FAO(OS) 347/2012.
Mr. Devendra Raghav and Ms. Rajeshwavi, Advocates for interveners in FAO(OS) 348/2012.
Mr. Tushar Sannu, ASC for GNCTD in FAO(OS) 348/2012.

JUDGMENT

Najmi Waziri, J.

Facts:

1. These three appeals impugn the judgment passed by the learned Single Judge on 03.07.2012 dismissing the appellant's Testamentary Case No. 26/1987 seeking probate of the last Will and Testament dated 30.10.1985, executed by Late Raja Bahadur Sardar Singh of Khetri (`Testator'). While FAO(OS) 347/2012 has been filed by the Trustees of the Khetri Trust, the beneficiary under the Will, FAO(OS) 348/2012 has been filed by the sole surviving Executor of the Will, both of whom challenge the dismissal of the petition. FAO(OS) 349/2012 filed by the State of Rajasthan impugns the judgement to the limited extent that the Trustees of the Khetri Trust (Appellants in FAO(OS)(347/2012)) were permitted to be impleaded.

Background to the dispute

2. The Testator was a well educated man, having studied at Cambridge University and completed his Bar-at-Law from England. He was a Member of Parliament (Rajya Sabha) as well as India.s Ambassador to Laos. Being conscious of the fact that he had no Legal Heirs (`LRs'), the Testator deliberated with qualified persons from the fields of finance and law, about the treatment of his estate after his demise. Two such professiona




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