IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14632 of 2011 Ram Babu Khetan Versus Smt.Bimla Devi Khetan & Ors ---------------------------------- 02. 08.09.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 28.01.2011 passed by A.D.J., Fast Track Court, Darbhanga in probate case No.50 of 2001 whereby the learned Court below refused to stay the probate proceeding on the ground that First Appeal before the High Court arising out of partition suit No.60 of 1985 is pending. It is well settled principle of law that so far probate proceeding is concerned, the question which is to be decided is only with regard to genuineness of the will which is not the question to be decided in that partition suit. Even after decision in probate proceeding, the parties can file suit before the Civil Court for declaration of title and the finding regarding title and or regarding subject matter in the probate proceeding will never operate as res-judicata in the regular suit before - 2 - the Court. From perusal of the impugned order, it appears that the learned Court below also considered various decisions of the Courts thereafter held that the further proceeding in probate case cannot be stayed. In view of the above facts and circumstances of the case, in my opinion, it is not a case for interference in supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)