In probate matters, jurisdiction is limited to the authenticity of the Will and does not extend to determining property titles, affirming procedural propriety under Article 227.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. B.D. Deka, the learned counsel appearing on behalf of the petitioner and Mr. S.J. Sharma, the learned counsel appearing on behalf of the respondent Nos. 1, 2 and 3.

2. The petitioner herein has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution challenging the order dated 20.07.2024 passed in Title Suit No.13/2022 whereby the learned Court of the Civil Judge (Senior Division), Morigaon (for short ‘the learned Trial Court’) had stayed the said suit being Title Suit No.13/2022 pending disposal of the probate proceedings being PTS No.05/2022 pending before the Court of the Additional District Judge No.2, Kamrup (M) at Guwahati.

3. The materials on record show that one Late Joylakshmi Bora who is the mother of the petitioner and grandmother of the respondent Nos.1 & 3 and mother-in-law of the respondent Nos. 2 had executed a registered Will bearing No.7218/2019 on 03.06.2019. By this Will dated 03.06.2019, Late Joylakshmi Bora bequeathed the Schedule-A1, Schedule-A2 and Schedule-A3 property amongst the petitioner and the respondents herein. The respondent Nos. 1 and 3 filed a probate proceedings before the Court of the learned District Judge, Kamrup (M) at Assam which was registered and numbered as Misc. Probate Case No.36/2021. The said probate proceedings thereupon was endorsed to the Court of the learned Additional District Judge No.2, Kamrup (M) at Guwahati for disposal. The petitioner appeared in the said proceedings and contested the said probate. On that ground, the said Misc. Probate proceedings was converted into a suit and registered and numbered as PTS No.05/2022 which is presently pending.

4. The petitioner herein also filed a suit before the Court of the learned Civil Judge, Morigaon seeking declaration of the petitioner’s rights in respect to the properties described in Schedule-A1, Schedule-A2 and Schedule-A3 insofar as the share of the petitioner is concerned and further sought for partition. It is also pertinent to take note of that from the pleadings made in the plaint of Title Suit No.13/2022 filed by the petitioner, the Will executed by the mother of the petitioner dated 03.06.2019 was also put to challenge on the ground that the said Will was doctored at the instance of the respondent Nos. 1 and 2 herein. It is also pertinent to mention that the respondent No.3 herein is the proforma defendant in the said suit.

5. A further perusal of the plaint reveals that it is the case of the petitioner that the Schedule-A1 and Schedule-A2 properties belonged to the father of the petitioner whereas the Schedule-A3 belonged to the mother of the petitioner. It is therefore the specific case of the petitioner in the suit that the mother of the petitioner could not have bequeathed the Schedule-A1 and Schedule-A2 property save and except her limited share which she had pursuant to the death of her husband.

6. It is further noticed that pursuant to the filing of the suit, the defendants in the said suit had filed their written statement. In addition to that, the defendant Nos. 1 and 2 also filed an application under Section 151 read with Section 10 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for stay of the suit pending disposal of the probate proceedings. Objections thereagainst were filed by the petitioner. The learned Trial Court i.e. the Court of the learned Civil Judge (Senior Division), Morigaon vide an order dated 20.07.2024 had allowed the application so filed by the respondent Nos. 1 and 2 herein thereby staying Title Suit No.13/2022 till the disposal of the probate proceedings being PTS No.05