OSKAR I RATHOD Vs. MINAXI FLORENCE SEMUAL PARMAR

JUDGEMENT

(1.) Though the matter is listed for consideration of Civil Application No.12499 of 2006, but with the consent of the parties, the matter is finally heard.

(2.) The appeal had been admitted for hearing on 7/3/2006 on the following substantial questions of law; Whether the order dated 21.1.2006 passed by the learned Presiding Officer, Fast Track Court No.2, Gandhinagar in Regular Appeal No.24 of 2005 is without jurisdiction? Whether the learned Presiding Officer, Fast Track Court No.2, Gandhinagar has committed a substantial error of law by entertaining the said appeal?

(3.) Short facts leading to the present appeal are that the present respondent made an application under sec.264 of the Indian Succession Act for grant of probate in the Court of learned Civil Judge (SD), which was registered as Civil Miscellaneous Application No.22 of 2000, the application was contested by the present appellant and was dismissed on 6/5/2005. Being aggrieved by the said judgment and order, the present respondents preferred Regular Appeal No.24 of 2005 which was heard and decided by the learned Presiding Officer, Fast Track Court No.2, Gandhinagar, who vide his judgment dtd.21/1/2006 allowed the appeal and granted the application filed by the present respondents.