1. Both the appeals are admitted.

2. Considering the peculiar facts of these appeals, namely that all the other heirs of late deceased Budhmalji and late deceased Bachhrajji have consented for grant of probate certificate in favour of the appellant and even before City Civil Court, none raised any objection against the applications of the appellant and as requested by Mr. N V Gandhi, Ld. Counsel representing the appellant and considering the nature of such litigation, both these appeals are heard for final disposal and are being disposed of by this common judgment.

3. First Appeal No. 796/2011 arises out of the impugned judgment and order dated 29/7/2010 rendered by Ld. City Civil Judge, Court No. 19, Ahmedabad in Civil Misc. Application No. 764/2009, whereby the application preferred by the appellant herein seeking probate under section 222 of the Indian Succession Act, 1925 [for short 'the Act'] came to be dismissed. First Appeal No. 797/2011 arises out of the impugned judgment and order dated 29/7/2010 rendered by Ld. City Civil Judge, Court No. 19, Ahmedabad in Civil Misc. Application No. 763/2009, whereby the application preferred by the appellant herein seeking probate under section 222 of the Act came to be dismissed.

4. Mr. NV Gandhi, Ld. Counsel for the appellant submitted that Budhmalji has three sons and three daughters. Budhmalji along with his wife and sons and daughters permanently resided in Ahmedabad and was doing business. In the year 1961, in the joint names of Budhmalji and his three sons, namely the appellant – Nagraj, Malchandji and Bachhrajji, a property in Bombay known as “Chhajer Building” came to be purchased. Budhmalji died on 10/3/1983 and before his death, he had executed a will dated 15/3/1982, whereby he bequeathed his share in Bombay property in favour of the appellant – Nagrajji. It is submitted that the appellant preferred an application under section 222 of the Act before the City Civil Court, Ahmedabad for obtaining probate certificate of the will of his father Budhmalji, whereby his father had bequeathed his share in the Bombay property in favour of the appellant. The said application was registered as Civil Misc. Application No. 764/2009. It is submitted that in the said application, a notice was published in Jansatta newspaper of Ahemdabad edition. Pursuant to the publication, it is submitted that other heirs and legal representatives not only of late Budhmalji, but even of deceased son Bachhrajji and deceased Jhankardevi filed their affidavits in favour of the appellant stating that they have no objection or grievance if the probate, as prayed for, is granted in favour of the appellant. However, the said application came to be dismissed by virtue of the impugned judgment and order.

4.1. So far as First Appeal No. 797/2011 is concerned, Mr. Gandhi, Ld. Counsel for the appellant submitted that Civil Misc. Application No. 763/2009 was filed by the appellant before the City Civil Court seeking probate certificate under section 222 of the Act pertaining to the will executed by his brother – late Bachhrajji dated 9/12/2007, whereby his share in the aforementioned Bombay property came to be bequeathed to the appellant. Said Bachhrajji had expired on 21/4/2008 and till his death, his permanent abode was in Ahmedabad. In connection with said application, notice was published in Jansatta newspaper of Ahemdabad edition. Even in connection with said application, all the heirs and legal representatives not only of late Bachhrajji, but even of late Budhmalji and late sister Jhankardevi filed their affidavits in favour of the appellant stating that they do not object the probate certificate being issued to the appellant. The said application ultimately came to be dismissed by virtue of the impugned judgment and order.

4.2. Mr. Gandhi, Ld. Counsel submitted that both the applications came to be dismissed by the City Civil Court on technical grounds. It is submitted that both the applications c