IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 27.2.2008. S.B. CIVIL MISC. APPEAL NO.3246/2006 HON'BLE MR. JUSTICE DALIP SINGH Shri Shyam Lal Sharma, for the appellant. Shri Sandeep Garassa, for the respondent. Heard learned counsel for the parties. I have perused the impugned order dated 21.8.2006. By the impugned order the operation of the order dated 7.7.2004 granting the probate has been stayed on the application filed under Order 39 Rule 1 & 2 CPC. The contention of the learned counsel for the appellant is that as per the decision of the Hon'ble Supreme Court reported in the AIR 1984 SC page 1866 in the case of Rukmani Devi and Others Vs. Narendra Lal Gupta cannot be challenged without challenging the validity of the will. So far as the above contention is concerned the learned counsel for the respondent has contended that the grounds on which the suit has been filed are in respect of the alleged will and its validity. In the facts and circumstances without expressing any opinion on the merits of the contention I deem it just and proper to maintain the impugned order to last during the pendency of the proceedings before the learned lower court so as to protect the property. In the facts and circumstances it is directed that the learned trial court shall proceed to decide the matter expeditiously with the cooperation of both the parties. This appeal is disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS