KOTHARI, J.

Misapplying of decision in Minaxiben Shashikantbhai Patel v. Dist. Collector, Gandhinagar, 2007(1) GLR 277, has led the learned Additional Senior Civil Judge, Gondal, to dismiss the application for obtaining probate of Will by holding that, “In view of the said decision, it is not necessary for the applicants to incur expenditure for obtaining probate of Will. Hence, the application is rejected”.

2. The short facts are thus:

The appellants-applicants had filed Misc. Civil Application No. 28/2011 in the Court of learned Additional Senior Civil Judge, Gondal, praying for grant of probate of the Will made on 14.07.2001 by Maharajkumar Late Shri Shivrajsinhji Bhojrajsinhji Jadeja, who died on 3.2.2011 at Gondal. Along with the Will, the applicants have produced a detailed Schedule showing various properties of the deceased. The applicants had filed the application for obtaining probate in the capacity of executors of the Will.

Upon filing of the application, necessary formalities were carried out by the Court, viz. issuance of Public Notice in the newspaper inviting objections, if any, from the public. No objection was received by the Court from the public. The applic