IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2026 (ARISING OUT OF SLP (CIVIL) NO(S). OF 2026)
DIARY NO(S). 3912 OF 2026
KANCHANA RAI APPELLANT(S)
VERSUS
GEETA SHARMA & ORS. RESPONDENT(S)
W I T H
CIVIL APPEAL NO(S). OF 2026 (ARISING OUT OF SLP (CIVIL) NO(S). OF 2026)
DIARY NO(S). 8979 OF 2026
AND
CIVIL APPEAL NO(S). OF 2026 (ARISING OUT OF SLP (CIVIL) NO(S). OF 2026)
DIARY NO(S). 8844 OF 2026
O R D E R
1. Delay condoned.
2. Leave granted.
3. We have heard learned senior counsel on behalf of the
appellants as well as learned senior counsel representing the
contesting respondents, who are on caveat.
4. Upon consideration of the matters in its entirety, we affirm
the view taken by the High Court so far as restoration of C.S.
(O.S. No.203/2022) is concerned. However, we deem it appropriate
to modify paragraphs 70 and 71 of the impugned judgment(s) to the
following limited extent:
(i) The probate proceedings (Testamentary Case No.1 of 2022) and
C.S. (O.S. No.203/2022) shall be entrusted to the same learned
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Single Judge as per the prerogative of the Hon’ble Chief Justice of
the High Court.
(ii) Both the cases shall be dealt with by the same judge one
after another, but there shall be no consolidation of both cases.
(iii) The plaintiff in C.S. (O.S. No.203/2022) shall be at liberty
to pursue the application under Order 18 Rule ...