NAGRAJ CHHAJER Vs. STATE

JUDGEMENT

(1.) Both the appeals are admitted .

(2.) Considering the peculiar facts of these appeals, namely that all the other heirs of late deceased Budhmalji and late deceased Bachhrajji have consented for grant of probate certificate in favour of the appellant and even before City Civil Court, none raised any objection against the applications of the appellant and as requested by Mr. N V Gandhi, Ld. Counsel representing the appellant and considering the nature of such litigation, both these appeals are heard for final disposal and are being disposed of by this common judgment.

(3.) First Appeal No. 796/2011 arises out of the impugned judgment and order dated 29/7/2010 rendered by Ld. City Civil Judge, Court No. 19, Ahmedabad in Civil Misc. Application No. 764/2009, whereby the application preferred by the appellant herein seeking probate under Section 222 of the Indian Succession Act, 1925 [for short 'the Act'] came to be dismissed. First Appeal No. 797/2011 arises out of the impugned judgment and order dated 29/7/2010 rendered by Ld. City Civil Judge, Court No. 19, Ahmedabad in Civil Misc. Application No. 763/2009, whereby the application preferred by the appellant herein seeking probate under Section 222 of the Act came to be dismissed.