L.S. Jamir, J.

1. Both F.A. No. 2 (K) of 2014 and W.P. (C) No. 117(K) of 2014, are directed against the Order dated 27.02.2014, passed in CMC No. 01/2014 arising of Probate Case No. 01 of 2013, by the District & Sessions Judge, Dimapur. Accordingly, both the petitions are being disposed of by this common judgment and order.

2. Heard Mr. C.T. Jamir learned senior counsel assisted by Mr. Imkong Jamir, learned counsel appearing for the appellants in F.A. 2 (K) of 2014 and for the petitioners in W.P. (C) No. 117 (K) of 2014. Also heard Mr. T.B. Jamir, learned counsel appearing for the sole respondent in F.A. No. 2 (K) of 2014 and for the respondent No. 1, in W.P. (C) No. 117 (K) of 2014 and Mr. P.B. Paul, learned counsel appearing for the respondent No. 2 in W.P. (C) No. 117 (K) of 2014.

3. The case of the appellants/petitioners in brief is that the one Dr. Srinibash Debnath, impleaded as the sole respondent in F.A. No. 2 (K) of 2014 and respondent No. 1, in W.P. (C) No. 117 (K) of 2014 (hereinafter referred to as the respondent) filed a Probate Application before the District & Sessions Judge, Dimapur, being Probate Petition No. 1/2013. praying for probate of the last Will and