LAXMIBEN JERAMBHAI Vs. BHARATKUMAR HIRALAL UMARVANSHI

JUDGEMENT

(1.) The present petition is filed by the petitioners under Articles 227 of the Constitution of India as well as under the Code of Civil Procedure, 1908, for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued quashing and setting aside the order passed below Exh.15 in Probate Application No.65 of 2010 by the 13th Additional Senior Civil Judge, Surat dated 02.01.2012 at Annexure-A and also stay of the order on the ground stated in the memo of petition.

(2.) The facts of the case briefly summarized are that the respondent filed an application being Application No.65 of 2010 before the Principal Senior Civil Judge, Surat for grant of probate in pursuance of a registered will dated 21.08.1986. The petitioners had filed an application at Exh.15 and requested the learned Senior Civil Judge to frame the preliminary issue. However, the said application at Exh.15 came to be dismissed by the impugned order at Annexure-A by the 13th Additional Senior Civil Judge, Surat, which has led to the present petition.

(3.) Heard learned Senior Counsel Shri S.N.Shelat appearing with learned advocate Shri Amit V. Thakker for the petitioners and learned advocate Shri Aspi Kapadia for respondent No.1.