C.R. No.6460 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.6460 of 2008 (O&M) Date of Decision: 6.10.2010 Lt. Col. J.P.S. Nakai ……Petitioner V E R S U S Kulwant Kaur and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Ms. Jagdeep Bains, Advocate for the petitioner. Mr. G.S. Brar, Advocate for respondents No.1 and 2. Mr. S.N. Chopra, Advocate with Mr. Rakesh Chopra, Advocate for respondent No.3 (i to v) 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 4.8.2008 passed by learned Executing Court, whereby declining the prayer of the petitioner to transpose the peti- tioner as one of the applicant in the execution application. C.R. No.6460 of 2008 (O&M) -2- 2. Learned Counsel appearing for the parties have stated that present petition be disposed of with their consent in the following terms:- i) Share of Basant Kaur in the property in dispute is held to be 1/7th in a decree confirmed upto the Hon’ble Supreme Court. ii) Petitioner is the only son of deceased Basant Kaur while respondent No.3 (i to v) are the daughters of the Basant Kaur, deceased. The only dispute between the petitioner and daugh- ters of Basant Kaur, deceased is as to whether Basant Kaur, deceased has executed any Will in favour of the daughters as alleged by the daugh- ters excluding the petitioner-son from the estate of Basant Kaur, deceased. iii) Validity of alleged Will dated 5.6.2001 shall be got decided in the fresh Civil Suit to be filed within 60 days from today. iv) During the pendency of the Civil Suit, sisters of the petitioner i.e. respondents No.3 (i to v) herein shall deposit Rs.25,000/- per annum before the Civil Court, where suit between the legal heirs of Basant Kaur would be pending seeking adjudica- tion on the validity of alleged Will dated 5.6.2001 C.R. No.6460 of 2008 (O&M) -3- and question of inheritance of the estate of Basant Kaur, subject to the final decision in a Civil Suit. The deposit shall be made within a month after taking possession in the present execution. Advance deposit shall be made for the next year in the month of January. v) Meanwhile, respondents No.3(i to v) shall be en- titled to execute the decree pending before the Executing Court and to obtain possession on the share of the Basant Kaur, deceased. The pos- session taken by the respondents No.3(i to v) shall be on behalf of the petitioner also. If in a Civil Suit, Will is not proved to be genuine or if no Civil Suit is filed within 60 days from today estab- lishing validity of Will dated 5.6.2001 then pos- session taken by respondents No.3(i to v) in the execution of the decree shall be deemed on be- half of all the legal heirs of Basant Kaur, de- ceased. vi) Possession taken by respondents No.3 (i to v) in a pending partition proceeding over the share of Basant Kaur, deceased, shall also be subject to the above condition No.(v). C.R. No.6460 of 2008 (O&M) -4- 3. Petition stands disposed of in the above terms with the consent of learned Counsel for the parties. ( ALOK SINGH ) 06th October, 2010 JUDGE ashish