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2012 Supreme(Gau) 1306

BROJENDRA PRASAD KATAKEY
Rama Mukherjee – Appellant
Versus
State of Assam – Respondent


Advocate Appeared
For Appellant/Petitioner/Plaintiff:Mr. P.K. Bhowmik, Sr., Mr. S. Sarma, Mr. G. Goswami, Ms. B. Devi and Mr. H.K. Das, Advocates
For Respondents/Defendant:Mrs. V.L. Singh, Government Advocate, Mr. A.K. Bhattacharyya, Sr. Advocate and Mr. K.K. Bhattacharyya, Advocate

JUDGMENT

Hon'ble Mr. Justice B.P. Katakey

1. The petitioner in WP (C) No. 6127/2010 has filed this application seeking review of the order dated 20th April, 2011 passed by this Court dismissing the writ petition by giving liberty to her to challenge the order of injunction passed by the probate Court in an appeal to be preferred under Order 43 Rule 1(r) of the Code of Civil Procedure and also refusing to entertain the writ petition praying for declaration that the Will, which is sought to be probated in the probate proceeding is a manufactured, shame, colourable, collusive and fake document, as the said question cannot be gone into in a writ proceeding, which requires examination of evidences and as such, conveniently be gone into by the probate Court while deciding the probate proceeding instituted by the respondent No. 4. The facts relevant for the purpose of consideration and disposal of the review petition may be noticed as under:-

The respondent No. 4 in the writ petition as well as in the review petition filed an application under Section 276 of the Indian Succession Act, 1925 (in short, "the Act") seeking probate of a Will, allegedly executed by Soumendra Mohan Mukherjee, in th





















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