DEEPAK MALHOTRA vs THE STATE (NCT OF DELHI) AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17.02.2025 RFA 155/2025, CM APPL. 9625/2025 & CM APPL. 9626/2025 DEEPAK MALHOTRA .....Appellant Through: Dr. Ashutosh, Advocate. versus THE STATE (NCT OF DELHI) AND ANR .....Respondents Through: None CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The appellant has assailed judgment and order dated 04.09.2024 of the District Judge, South West District, Dwarka Courts, New Delhi whereby preliminary issue on maintainability of the probate petition was decided against the appellant, thereby dismissing the petition. I have heard learned counsel for appellant but find it not to be a fit case to even issue notice of this appeal. 2. It appears that the appellant filed a probate case before the Trial Court, pleading that his mother Smt. Neelam Malhotra passed away on 23.04.2021, leaving behind three sons, who are the present appellant and the present respondents no. 2 & 3. In the said probate case, the present appellant further pleaded that mother of the parties was attached to the present appellant, being her youngest child, so she executed a Will dated RFA 155/2025 pages 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c