IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 10 OF DECEMBER, 2025 MISC. APPEAL No. 5657 of 2024 HIMANSHU GUPTA Versus PUBLIC OF LARGE Appearance:

Shri Abhisehk Singh Bhadauria - learned Counsel for appellant.

ORDER This Miscellaneous appeal under Section 299 of the Indian Succession Act, 1925 is filed by the appellant challenging the order dated 02.07.2024 passed by the First District Judge, Dabra, in MJC(Succession) No. 03 of 2024, whereby the probate application filed by the appellant under Sections

255 and 276 of the Indian Succession Act, 1925 was rejected.

2. It is not in dispute that the appellant seeks probate in respect of the will and bank fixed deposit executed by the deceased Haribabu Gupta in his favour.

3. The necessary facts giving rise to the present appeal, in brief, are that the deceased Haribabu Gupta, son of Shri Narayan Gupta, resident of Mahavirpura, Dabra, District Gwalior, M.P., was the maternal uncle of the appellant. He had no children, and his wife, Smt. Kusum Gupta, predeceased him on 09.02.2019. The deceased owned several agricultural lands, namely, in village Dabra bearing Survey No. 1703/4 min area 0.031 hectare