POONAM KUMAR vs YASH PAL KARVAL THROUGH LRS MS. KANCHAN KARVAL & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16th March, 2026 Date of Decision: 19th March, 2026 + CM(M) 600/2023 & CM APPL. 18756/2023 MRS. POONAM KUMAR ..... Petitioner Through: Mr. R. K. Saini and Mr. Dashmesh Tripathi, Advs. versus YASH PAL KARVAL (THROUGH LRs) & ORS. .....Respondents Through: Mr. Vineet Chadha and Mr. Anmol Sethi, Advs. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER 1. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 17th March, 2023 passed by the learned Trial Court in Probate Case No. 06/2018, whereby the application filed on behalf of the petitioner seeking consideration of the maintainability of the replication dated 21st January, 2021 has been dismissed. 2. I have heard the learned Counsel for the parties and perused the record. 3. The Respondent No. 1 (since deceased) has filed a petition under Section 276 of the Indian Succession Act, 1925 for grant of probate/letter of administration to the estate of Late Shri Ram Lal Karval on the basis of Will dated 16th December, 2004. On 19th July, 2018, the petitioner/respondent no. Signature Not Verified Signed By:MANISHA CM(M) 600/2023 Page 1 of 3 RAJPUT Signing Date:19.03.2026 16:44:32 2 (in the probate petition) filed objections to the probate petition in the Trial Court and the matter was adjourned to 17th November, 2018 for filing the reply to the said objections. The reply was not filed on that date and the matter was adjourned to 27th March, 2019 for filing the reply. The reply/rejoinder was filed on 21st January, 2021. 4. On 01st November, 2022, the petitioner moved an application under Section 151 of the Code of Civil Procedure, 1908 for treating the replication as not maintainable. Vide i