RAMESHCHANDRA GAURISHANKAR GUPTA Vs. MAHESHKUMAR GAURISHANKAR GUPTA

JUDGEMENT

(1.) Present appeal arises out of a judgment and order passed by learned Civil Judge (S.D.) Palanpur on 13th August,2004 in Civil Misc. Application No.28 of 1987. The said application was preferred for obtaining probate in respect of will of Gaurishankar Sonapal Gupta dated 21st April,1984. By the impugned judgment and order, learned Civil Judge (S.D.) Palanpur dismissed the said application. Hence, this appeal.

(2.) The question that arises for preliminary determination of this Court is, whether this appeal would be maintainable before this Court. In this regard, it would be appropriate to record that the judgment and order under challenge is rendered by learned Civil Judge (S.D.) Banaskantha at Palanpur (now nomenclatured as "Senior Civil Judge").

(3.) In the instant case, the judgment is rendered in an application for probate in respect of property indicated in Schedule-A to the application and as per the case of the applicant appellant, value of property after deducting 1/3rd thereof being gifted portion, would be Rs.1 lakh approximately. Differently put, the total value of the property can be Rs.1,50,000/-.