In view of notice for final disposal issued on 04.01.2016 the learned counsel for the parties have been heard at length.

2. Admit. Taken up for final disposal with consent of parties.

3. This appeal has been filed under Section 299 of the Indian Succession Act, 1925 (for short, the said Act) challenging the order dated 27.07.2015 passed by the learned Joint Civil Judge, Senior Division, Nagpur in Probate Petition No. 6 of 2012 thereby dismissing the proceedings for issuance of probate and granting liberty to the appellant to have the claim adjudicated before the competent Civil Court.

4. Facts in brief are that the appellant claims entitlement to a plot of land alongwith property constructed thereon on the basis of will executed by Smt. Manoramabai Khobragade and Shri Marotrao Khobragade on 24.09.2003. According to the appellant he had been named as executor in the said will. The appellant therefore filed a petition under Section 276 of the said Act for grant of probate. The respondents herein were duly served. They filed their reply to the aforesaid proceedings. The respondent no.1 pleaded that the appellant had no right whatsoever under the said will and thus disputed his