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2022 Supreme(Guj) 673

ASHOKKUMAR C.JOSHI
MAHENDRA HARILAL PAREKH – Appellant
Versus
MEENABEN HIRENBHAI PAREKH – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: PREMAL S. RACHH.
For the Respondent: DHAVAL D. VYAS.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. The petitioners-original applicants have preferred this petition under Article 227 of the Constitution of India being aggrieved and dissatisfied with the order dated 13.07.2017 passed by the learned 13th Additional Senior Civil Judge, Rajkot in an application Exh.13 filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment in Misc. Civil Application No. 15 of 2015, which came to be rejected by the learned trial Judge.

2. The facts of the case in nutshell are that the petitioners are the original applicants and the respondent is the original objector in Civil Misc. Application No. 15 of 2015 filed by the petitioners. The deceased mother of the petitioners was the owner of certain movable and immovable properties, who had executed a Will dated 15.01.2013 in favour of the petitioners. After the death of the mother, the petitioners become the absolute owners of the properties. The petitioners, therefore, preferred the aforesaid application before the learned 13th Additional Senior Civil Judge, Rajkot for obtaining the Probate of the Will, wherein the learned trial Judge issued public notice inviting objections against the said app

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