JUDGMENT :

1. Rule returnable forthwith. Mr. Manoj Shrimali, learned advocate appearing waives service of notice of rule for and on behalf of the respondent

2. Present petition is filed being aggrieved by the impugned judgment and order dated 22.10.2021 passed below Exh.18 in Civil Misc. Application No.51 of 2017 by the learned 3rd Additional Senior Civil Judge, Porbandar.

3. Brief facts of the present case are as under:-

3.1 That one Shri Chandrakant Chhaganlal Rathod has executed a Will 18.01.2017 and he has expired at Dhirubhai Ambani Hospital, Mumbai, on 24.04.2017. The deceased was residing at his permanent resident at 703, Midhara apartment, Opposite Ashok Pan House, City Light Road, Surat City, Surat. The petitioner herein has sought for probate certificate from the Hon’ble High Court of Bombay vide Application No.TPL/2026 of 2019. The petitioner after filing the application before the Hon’ble Bombay High Court took up case research on the official website of the learned Court at Porbandar. The petitioner came across the one petition for succession certificate preferred by the respondent herein. Thereafter, the petitioner obtained certified copy thereof. The said application for succession certificate has filed without joining other lineal descendants of the deceased. Therefore, on 19.07.2019, the appetitioner approached the learned trial Court at Porbandar with objection application praying for dismissal of petition for succession certificate filed by the respondent. There respondent had filed reply to this application as well as objection to the application and the learned trial court, Porbandar upon hearing the parties; present petitioner as well as respondent rejected the objection application as if the same being application for joining as legal heir of the deceased persons and therefore, present petition is filed by contending that the learned trial Court has considered such application as if it is filed for jointing as legal heirs and the said order is passed without dealing with the contention raised pertaining to Section-372 of the Indian Succession Act as well as other contentions pertaining to grant of succession certificate. Therefore, the petitioner is praying to exercise the powers under Article 227 of the Constitution by this Court by quashing and setting aside the impugned order and also, has sought writ of prohibition against such proceedings pending before the learned trial Court at Porbandar.

4. Heard Mr. Digant Kakkad, learned advocate appearing for the petitioner and Mr. Vinodkumar Shukla, learned advocate appearing with Mr. Manoj Shrimali, learned advocate for the respondent.

5. Mr. Digant Kakkad, learned advocate appearing for the petitioner has submitted that the petitioner is the objector to the grant of the Succession Certificate, whereas the respondent herein is the applicant- petitioner for obtaining certificate under the Indian Succession Act before the learned Principal Senior Civil Judge, Porbandar in Succession Certificate Petition no.51 of 2017. He has further submitted that the application for joinign as party opponent by the petitioner to the above proceedings of Succession Certificate was rejected by the learned trial Court on the very erroneous and clumsy ground, He has drawn my attention towards the some events which are relevant for deciding present petition. He submitted that two flats were sought to be purchased by the deceased Chandrakant Chhganlal Rathod and his son Riteshkumar. Agreement for sale and transfer forms are executed in favour of the petitioner herein, whereas the petitioner has already paid the full amount of consideration. He has further submitted that on 18.01.2017, the deceased as left his last Will and testament. He has further submitted that on 22.04.2017, late Shri Chandrakant Chhaganlal Rathod had died at Kokilaben Dhiruben Ambani Hospital, Mumbai, who has permanent residence at Surat. He has further submitted that based upon the said Will, the petitioner he