^-^^^^-^rf;5n^''/yy"-^-^^i^.i"TW/'^;E?mA^ IN THE HIGH COIRT OF MAD13YA FRADESH AT JABALPUR ^s^ Misc . Peti-fcion No ^ _of 1989 Petitioner : f^'s^ 'SST-I '-• t ^^'^y^" ^ a. »• t -..<T-S'"-'I3Wr'mw"" Smt. Baisakhin Bai, widow of Jaganna-th Pra.sad Tiwari, aged 63 years, resident Hiramoti Line, Ward No. 29, Rajnandgaon, tah. and dist. Bajnandgaon (M.P.). V. . '""--.^ ': Respondents : - l* Goinatibai, aged 24 yeaEs, wife of Banwarilal, resideat of Gangapur ? City, district Sawai Madhopur, Rajasthan, fqrnBrly residingat Rajnandgaon. ^ 2. Shri A.L.Niffionkar, Civil Judge, Class X, Rajnandgaon. 3. Shri G.C.Bajpai, Firs-tAdditional Judge to the Court 6f Distric-t Judge, B.ajBandgaoff. i PBTITION UNDER ASTICL5 226/227 OF.TKE CONSTITUTION (^ i I XA. : .. : • .; !'j I!!! 50-HC-22 ai^T^T f^TOi3l^!!T gi-^gfsa' ^p" 8.'8l»B;:!a6a ll -*^ .'te\ ,G. ^t6 3^ '<iMici<4, OTny'ie, farti'My 3l^).M?|cb f'^2_2.v *ii*iwi aiflrw W^ 200 w^\ ^•wiw^ifer tite ^ administrallion stleet. 21/4/2005 Shri Parag Kotecha for th^ Heard. Leamed counsel for thel petitioners .case was based upijan M.P. High Court in the case of reported in 1987 JLJ 198 for establish a right under a will probate or letters of which is reflected in the order Leanied counsel for the decision has been over-ruled by| MPJR 352 (Phool Singh and which is bome out from Court of M.P. on 28/7/2000 ir| also submitted that no useful this matter pending. Even suit, which is reflected from the| leamed Addl. District Judge. Having considered the fadts material on record and the fact) which may be decided on its ow4 useful purpose would be served With the aforesaid obi disposed of. <»ii<il?i4)-)iwtiT^Ts'<rl <Ri«<n ^srf^trsn^T petitioner. petitioner fairiy stated that the a Single Bench d.ecision of the Ram .Dutta vs. Krishna Dutta proposition that a Hindu cannot an executor or a legatee unless ot the will have been obtained, t.dated 21/11/1989. tietitioner submitted that the said the decision reported in 1991 (11 vs. Smt. Kosa Bai and others), judgment passed by the High Second Appeal No.215/99. It is pl-irpose would be served in keeping :, the plaintiff has filed the order sheet (Annexure-P/4) of the ottlers anotlter OtUerwise, and circumstances of the case, that the civil suit has been filed, merits in accordance with law, no n keeping this matter pending. iervations, this petition stands Sd/- Fakhruddih Judge - rf ° ^)