JUDGMENT

MANMOHAN, ACJ: (ORAL)

CM APPL. 18951/2024 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

LPA 253/2024 & CM APPL. 18952/2024 (for stay)

1. The present Letters Patent Appeal has been filed under Clause X of the Letters Patent of the then High Court of Judicature at Lahore, which stands extended to the High Court of Delhi, challenging the impugned judgment dated 05th February, 2024, passed in FAO No. 523/2018, whereby the learned Single Judge has set aside the judgment dated 26th April, 2018 passed by the learned ADJ, Saket Court, New Delhi (‘Trial Court’) in Probate Case No. 5972/2016.

2. The Respondent No. 2 i.e., Vijender Singh filed a Probate Case No. 5972/2016 under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of the Will dated 04th April, 2007 executed by the mother of the parties i.e., Smt. Lado. The said probate case along with the objections of the Appellant was dismissed by the Trial Court vide judgment dated 26th April, 2018.

3. The Respondent No.2 thereafter preferred an appeal under Section 299 of the Indian Succession Act, 1925 against the judgment of the Trial Court, w