$-21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P. (C) 9/2008 SMI. SUSHILA GOPALAN & ORS. Petitioners Through: Mr. Manu Nayar, Advocate. versus SHRI R.K. CHAWLA & ANR. Respondents Through: Mr. R.S. Sahni, Advocate for R-1&2. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT ORDER % 18.03.2010 The Court has considered the submissions of the parties. The petitionerseeks transferof various proceedingspending on the file of the DistrictJudge statingthat commonquestionsof facts are involved. It is an undisputed fact that the proceedings pertain to the grant of probate in respect of the Will dated 3.6.1995 of one Shri R.C. Chawla. There are four probate proceedings (two before this Court and two before the Court of ADJ) and a Civil Suit which has apparently been stayed under Section-10. Counsel for the respondents states that one of the probate proceedings is at an advanced stage and that evidence is to be recorded. Whatever be the circumstances as to the proceedings, it is apparent that since the Will propounded is common in all the four probate proceedings, transfer of few of them or all of them on the file of this Court, would not be in the interest ofjustice as that would prolong the dispute. In the event of TR.P. (C) 9/2008 Page-1 Digitally Signed By:AMULYA Signature Not Verified the Will being proved or probate refused in one of the proceedings,the same would operate in rem. In view of the above, this Court is of the opinion that the relief of transfer is not called for. It is clarifiedthat the rejectionof this petitionis premisedupon the respondents' objection. The respondentNos.l&2 are represented. It is submittedby their counsel that the conduct of the trial would not be objectedto on the ground of pendency of other proceedings. TR.P. (C) 9/2008 is accordinglyrejected,but in the aboveterms. Order dasti. S. RAVINDRA BHAT, J MARCH 18, 2010 /vd/ TR.P. (C) 9/2008 Page-2 vo