Raju Nath vs Rabindra Nath Nath (since deceased)

Despite service, none appears for the opposite parties. The present appeal arises out of the dismissal of a petition for grant of probate.

C.A.N. 10025 of 2015 is disposed of by injuncting both sides from taking any steps pursuant to the final decree, if any, that may be passed in the partition suit, bearing Title Suit no. 2135 of 2007, pending between the parties before the Civil Judge (Senior Division), 7th Court at Alipore. The parties are also restrained from dealing with or creating any third party interest in respect of the property which is the subject-matter of the Will in question.

The appellant is directed to put in special messenger costs for bringing the lower court records within a period of two weeks from date. Upon the arrival of the records and the same being examined and found to be complete, the department will issue a notice of arrival of the records on the appellant. The appellant will prepare and file the requisite number of paper-books within a period of eight weeks from such service of notice. The appellant will also put in postal costs and requisites along with written-up notice forms within a period of two weeks from date for effecting service on the respondents.

Liberty is given to the appellant to mention for inclusion of the matter for hearing.

There will be no order as to costs.