YUNUSBHAI HASANBHAI MEMON Vs. SHAHERIYAR RUSTAM ANKLESARIYA

JUDGEMENT

(1.) The present petition is filed being aggrieved and dissatisfied with the judgment and order passed by the learned City Civil Court, Ahmedabad in Civil Miscellaneous Application No.516 of 2017 dtd. 9/1/2020, by which the application for condonation of delay in seeking revocation of the Probate or Letters of Administration under Sec. 263 of the Indian Succession Act is rejected.

(2.) The brief facts of the case as stated in the petition are such that on 3/3/1998 one Colonel N.K.Anklesariya, owner of the disputed property gave power of attorney to one Mr.Pravinchandra Joshi who executed an agreement to sell with respect to disputed property in favour of the petitioner; that on 14/1/2000, the colonel passed away intestate and on 17/5/2000, the municipal corporation transferred the disputed property in the name of R.K.Anklesariya, brother of colonel N.K.Anklesariya in its record; that on 3/3/2001, CMA No.607 of 2000 which is filed for granting of letter of administration of the disputed property, the Court has issued in a public notice in Gujarati newspaper and invited objection from the members of the public. On 14/10/2003, the very Court has issued letter of administration in the name of Mr.R.K.Anklesariya; in the year 2011, as per the present petitione, when he came to know about the order dtd. 14/10/2003 for issuance of letter of administration, filed suit on 7/10/2011 being Civil Suit No.2296 of 2011 seeking cancellation of letters of administration; that on 29/6/2013, the petitioner's plaint was rejected under the provisions of Order VII Rule 11 of the Code of Civil Procedure ('CPC' for short) on the ground that the suit is barred by limitation and it was also held that the petitioner has no locus standi to challenge the proceeding; that on 3/2/2017, the High Court disposed of the First Appeal No.1973 of 2013 by which the impugned order passed under Order VII Rule 11 in the Civil Suit no.2296 of 2011 was challenged as not pressed with a liberty to file application for revocation of probate; that thereafter on 12/10/2017, the petitioner preferred application being CMA No.516 of 2017 seeking condonation of delay in preferring application under Sec. 263 of the Indian Succession Act; that the said application was rejected vide order dtd. 9/1/2020 by the learned City Civil Court, Ahmedabad in CMA No.516 of 2017; that thereafter, the petitioner has preferred Civil Revision Application No.108 of 2020 that was permitted to be converted by order dtd. 30/1/2023 into Special Civil Application and accordingly the present Special Civil Application is filed under Article 227 of the Constitution of India by challenging the impugned order passed in CMA No.516 of 2017.

(3.) Heard learned advocate Mr.Vijay H Patel with learned advocate Mr.Darshan Dave for the petitioner and learned advocate Mr.Amrita Thakore for the respondents.