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ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Tilottama Jena – Appellant
Versus
Sandhyarani Brahma – Respondent
| Table of Content |
|---|
| 1. petition for quashing the lower court's order. (Para 1 , 2 , 4 , 5) |
| 2. impleadment of third party in probate proceedings. (Para 3 , 8 , 16) |
| 3. rights under will contingent on probate. (Para 9 , 12 , 14) |
| 4. consideration of stakeholders in probate proceedings. (Para 10 , 11 , 15) |
| 5. dismissal of cmp. (Para 17 , 18) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This CMP under Article 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the impugned order dated 02.01.2018 (Annexure-6) passed in the suit vide O.S. No.2 of 2016 by the learned Civil Judge, (Sr. Division), Banki.
2. The factual backgrounds of this CMP, which prompted the petitioners for filing of the same is that, a Test Case was filed by the petitioners under Section 276 of the Indian SUCCESSION ACT , 1925 praying for probation of the will executed by Sebati Dei in their favour impleading the Opp. Party No.1 to 4 in this CMP as the Opp. Party Nos.1 to 4 in the said Test Case.
When the Opp. Party Nos.1 to 4 contested that Test Case, then, as per the provisions of law envisaged in Section 295 of the Indian SUCCESSION ACT , 1925, the said Test Case was convert
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The High Court's supervisory powers under Article 227 are limited to ensuring subordinate courts act within their authority, and it cannot interfere without evidence of jurisdictional abuse.
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