IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 17 OF FEBRUARY, 2026 MISC. PETITION No. 958 of 2026 ANINDYA SHRIVASTAVA Versus SHRI AMIYA SHRIVASTAVA AND OTHERS Appearance:

Shri Kaustubh Shanker Jha - Advocate for the petitioner.

ORDER The present petition has been filed challenging the order passed by the trial Court whereby the application under Section 65 of Evidence Act has been rejected. By the said application the petitioner has sought to lead secondary evidence of a Will stated to be executed by deceased grandmother of the petitioner in favour of the petitioner on 08.11.2020 shortly prior to death of his grandmother which took place on 30.01.2021.

2. The counsel for the petitioner has vehemently argued that the case under Section 372 of Indian Succession Act has been filed before the Trial Court which is founded on the Will in question and now the respondents No.2 and 3 who are two of the three sisters of father of the petitioner have started disputing the Will. It is argued that earlier the said Will was produced in original before the Tehsildar at the time of mutation in revenue records which was on basis of the Will and in the s