‘magyr “ -. 1 m THE HIGH COURT OF JUDJCATUREQF CHHATTISGARH AT BILASPUR 3% m Wm WW1 MISCELLANEOUS APPEAL NO APPELLANT : // Dr. E. Sahni, S/o. Late Shri John Sahm', / Aged 53 years R/o. Dock Bungalow Ward Dhamtari (C.G.) 3% VERSUS LANG RESPONDENTS 1 Mrs Neelam Das W/o Late Dr J Das Age 60 years R/o. Dock Bungalow Ward Dhamtari, Tahsil & District — Dhamtarr (CG) ¢Tdgv a WW4”W «‘9 V 2. Mrs. Ashika Sona \Y\ $201M W/o. Mr. Pramod Sona, f vo"‘3* Q R/o. Jail Road, Raipur Tahsil & District - Raipur (co) (AZ . Mrs. Ayasha Ekt’a Sona D/o. Pramod Sona (Minor) Age ll years Through Guardian - Mrs. Neelam Das R/o. Dock Bungalow Ward Bhamtari, Tahsil & District - Dha'mtm (co) /4. Common People a MISCELLANEOUS APPEAL UNDER SECTION—384G} OF SUCCESSION ACT-1925 READ WITH SECTION-96 OF CIVIL PROCEDURE CODE-1908. DA134~ A, 4i. 0 £ f \ /‘ XI—Hc-zz 94:10,!2004 $hri Y.C.Sharma, learned counsel for the appellant. ‘ Shri Gurudev Sharan, learned counsel fakes notice on behalf of respondents No. 1 to 3. Heard both the counsel or admission. The appeal is admitted for hearing. Both the counsel requested that the appeal cah be heard and dispcsed of today itself. ‘fhe earlier application fried by the appellant was dismissed by the trial Court on the ground that tl e properties which are subject matter of thewill were not valued proprly. Now the appellant has valued the property again and filed another pplication before the trial Court. The said Court on an erroneous View dis lssed the application holding that it ls not open to the appellant to me this application on the principles of ' res judicata. Obviously this is wr ng. ln the circumstances. th order dated 03/1 2I’2uO3 passed by the learned trial Court is set aside a d the trial Court is directed to dispose of with law. the matter on merits in accordan Parties are entitled for oerti fled copy of thisiorder. // e . / . ,, / 4’ 2"! sale . ’ exile 3v???” ~