DHIMANT HASMUKHLAL HOJIWALA Vs. BABUBHAI BHALABHAI PATEL

JUDGEMENT

(1.) RULE. Mr. A. J. Shastri, learned counsel, waives service of notice of Rule on behalf of the respondent. In the facts and circumstances of the case and with the consent of the learned counsel for the respective parties, the petition is being heard and disposed of, today.

(2.) THIS petition has been preferred under Articles 226 and 227 of the Constitution of India with a prayer to quash and set aside order dated 30. 04. 2008 rendered by the 4th Fast Track Court, Surat, below application at Exhibit 1, being Civil Miscellaneous Application (Delay) No. 227 of 2007 as well as order dated 16. 05. 2009 passed by the learned 6th Additional District and Sessions Judge, Surat, in Civil Miscellaneous Review Application No. 1 (A) of 2008, whereby, the Review Application against order dated 30. 04. 2008 has been rejected.

(3.) BRIEFLY stated, the facts necessary for the decision of the petition are that one Dahyabhai Makanbhai Patel expired leaving behind a Will dated 23. 07. 1990. The petitioners preferred an application for obtaining Probate in respect of the above-mentioned Will, being Exhibit 34. By order dated 03. 10. 1997, the said application was allowed by the Civil Court. Thereafter, the respondent preferred Civil Miscellaneous Application (Delay) No. 227 of 2007 seeking condonation of delay in challenging order dated 03. 10. 1997 in Probate Application No. 34 of 1997. The application for condonation of delay preferred by the respondent came to be allowed vide order dated 30. 04. 2008, which is reproduced hereinbelow: