ORAL ORDER

1. Heard learned advocate Mr.Maulik Shelat for the applicants and learned advocate Mr.J.F.Mehta for the respondents.

2. This application is filed for review of the judgment and order dated 19.06.2023 passed by this Court in First Appeal No.921 of 2023 by quashing and setting aside the order passed in Civil Misc. Application No.1035 of 2022, whereby the judgment and order dated 03.02.2023 passed by the City Civil Judge, Auxiliary Chamber, City Civil Court, Ahmedabad in Civil Misc. Application No.1035 of 2022 filed under Section 263 of the Indian Succession Act, 1925 (for short “the Act”) was quashed and set aside and Civil Misc. Application No.1035 of 2022 is restored to file by permitting both sides to lead evidence and to dispose of the same under Section 263 of the Act de novo.

3. Brief facts narrated in the order dated 19.06.2023 passed in First Appeal No.921 of 2023 are as under:-

3.1 The appellant preferred an application for Letter of Administration under Section 278 of the Succession Act on 24th February, 2022. It is the case of the appellant that grand father of the appellant-Chhotalal Harilal Dudhia and grand mother Maniben Chhotalal Dudhia have expired and Indravadanbhai, Harikrushnabhai, Harshadbhai, Niranjanbhai, Bhupendrabhai, Kushumben, Pushpaben, Shrimatiben and Indiraben were their legal heirs. It is further stated in the application that Indravadanbhai and his wife Kantaben died without any issue whereas, Harikrushnabhai father of the appellant and Madhuben-mother of the appellant have also expired whereas, second wife-Kusumben Harikrushnabhai is living and the appellant is the son of late Harikrushnabhai. It was further stated that Bhupendrabhai Chhotalal, Niranjanbhai Chhotalal and Kusumben Harikrushnabhai have also expired without any issue and only Pushpaben Chhotalal, who is unmarried and alive. The appellant has also stated in the application that Shrimatiben Chhotalal Dudhia has expired whereas, Indiraben Chhotalal Dudhia is alive.

3.2. According to the appellant, his uncle Bhupendrabhai Chhotalal was having an immovable property of his ownership situated at T.P.Scheme No.5, F.P.No.240 at Someshwar Complex in Surbhi Society, Flat No.4/22.

3.3. Bhupendra Chhotalal expired on 25.10.2021 and he has expired unmarried without adopting anyone and there is no Will executed by him therefore, the appellant preferred the application under Section 278 of the Succession Act for issuing the Letter of Administration for the aforesaid property.

3.4. The appellant thereafter filed an affidavit-in-Chief at Exh.16 along with the documents in support of his application at Exh.4 and Exh.11. The appellant has also placed on record the Family Pedigree, Death Certificate etc. and letter written to the Society to transfer immovable property in his name. It was the specific case of the appellant that the late Bhupendrabhai did not execute any Will and as the appellant is the legal heir being nephew prayed for issuing the Letter of Administration which was granted by the Court below vide order dated 16.11.2022.

3.5. The respondent thereafter preferred Civil Misc. Application No.1035 of 2022 under Section 263 of the Succession Act claiming that late Bhupendrabhai executed a Will dated 17.06.2013 in favour of the respondent. It was also contended in the Application that the respondent is a legal heir of the late Bhupendrabhai and there is suppression made by the appellant before the Court for obtaining the Letter of Administration.

3.6. It was also pointed out that the appellant has failed to disclose the names of three sons of Shrimatiben Kanaiyalal and without joining them as necessary party or informing any of the legal heirs of Chhotalal who are alive, behind the back of the respondent, filed the application for letter of administration. Along with the application, the respondent also placed on record the Will executed by late Bhupendrabhai and other documents including the public notice dated 22nd February, 2022.

3.7. On ser