1. The present petition is filed challenging the order dated
18.11.2023 (hereafter ‘impugned order’), passed by the learned ADJ,
South District, Saket Courts, New Delhi, whereby the application filed
by the petitioners under Order VII Rule 11 of the Code of Civil
Procedure, 1908 (‘CPC’) was dismissed.
2. The brief facts of the case are that the respondents filed a
petition under Section 278 of the Indian Succession Act, 1925 for
probate of the last will and testament dated 07.12.2010 of late Smt.
Swadesh Khanna. The respondents are the sons of Late Mrs. Swadesh
Khanna. The husband of late Smt. Swadesh Khanna and her son-
Sanjeev Khanna were impleaded as respondents in the petition. The
petitioners are the legal heirs of Late Mr. Sanjeev Khanna. The
respondents were named in the subject will as executors and by way of
the will, Late Mrs. Swadesh Khanna had bequeathed her movable and
immovable properties, including, a property in Malviya Nagar, in
favour of the respondents.