--1-- C.M.P. No. 723 of 2024 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 723 of 2024 ---- Chandra Kant Gopalka, aged about 63 years son of Late Shyam Sundar Gopalka, resident of GEL Church Complex 2nd Floor, Main Road, Room No.5, PO – Ranchi GPO, PS – Hindpiri, District – Ranchi .... Petitioner -- Versus -- 1. Dilip Kumar Gopalka, son of Late Shyam Sundar Gopalka, resident of Basera Complex, Ashok Nagar, PO – Dhansar, PS – Bank More, District – Dhanbad 2. Shashi Kant Gopalka, son of Late Shyam Sundar Gopalka, resident of Dhobatand, Shastri Nagar, PO and PS – Bank More, District – Dhanbad 3. Pradip Kumar Gopalka, son of Late Shyam Sundar Gopalka, resident of Empire Building 8th Floor, Telephone Exchange Road, PO and PS – Bank More, District – Dhanbad 4. Krishna Gopalka, son of Late Ravi Kant Gopalka, resident of Rudrakash Apartment near Hotel Arya, 4th Floor, Lalpur Chowk, PO and PS – Lalpur, District - Ranchi .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Ashim Kumar Sahani, Advocate :- Mr. Sanket Kumar, Advocate For the Respondents :- ---- 04/02.01.2025 Heard Mr. Ashim Kr. Sahani, learned counsel appearing for the petitioner along with Mr. Sanket Kumar. 2. This petition has been filed under Article 227 of the Constitution of India challenging the legality of the order dated 16.05.2024 passed by the learned Additional Sessions Judge- XVI, Dhanbad in Original Suit Probate Case No.71 of 2018 whereby the --2-- C.M.P. No. 723 of 2024 petition dated 25.05.2023 for release of personal property purchased by the petitioner by registered deed has been rejected by the learned Court. 3. Mr. Ashim Kumar Sahani, learned counsel appearing for the petitioner submits that the said property was of the petitioner and in view of that the said petition has been filed and the learned Court has rejected the same with an observation that it can be taken into consideration at the time of final hearing. 4. It is an admitted position that the probate case was filed for probate of a will contained in Annexure-1. It is well settled that the right title interest cannot be decided in the probate case and if the probate case is still pending, the learned Court has right in saying so that ground will also be decided in the final hearing. There is no illegality in the impugned order, as such this petition is dismissed. (Sanjay Kumar Dwivedi, J.) Sangam/