PRADYUMANSINH SURENDRASINH RANA Vs. SHILABA MADHAVSINHJI SODHA

JUDGEMENT

(1.) Leave to amend memorandum of the petition, is granted. RULE. Mr. Dipen K. Dave, learned Counsel, waives service of notice of rule on behalf of the respondent. This petition has been preferred invoking the provisions of Articles 226 and 227 of the Constitution of India, inter alia with a prayer to issue a writ of certiorari or any other appropriate writ or order, to quash and set aside the judgment and order dated 30.12.2009, passed below application at Exhibit-35 in Civil Miscellaneous Application No.74 of 2008, by the learned 2nd Additional Senior Civil Judge, Jamnagar.

(2.) The brief facts, relevant for the decision of the petition are that, the respondent(Original Applicant)filed the above-mentioned application for grant of probate in respect of immovable property, mentioned in Schedule-'A' to the application. The trial Court, by order dated 14.08.2008, ordered the issuance of a public notice, inviting objections to the said application. The petitioner filed objections to the said application vide Exhibit-22. Thereafter, the petitioner preferred an application at Exhibit-35, under the provisions of Order 1, Rule 10 of the Code of Civil Procedure ('the Code' for short), praying that he may be impleaded / transposed as a co-applicant in the application for obtaining probate, filed by the respondent, on the ground that he has an equal right, title and interest in the property in question. The respondent opposed the said application, by filing a reply thereto, vide Exhibit-36.

(3.) Mr. Mrugen K. Purohit, learned Counsel for the petitioner has submitted that: