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