Rahiben D/O Rajeshbhai Nanjibhai vs Jayagauri Nanjibhai Sojitra
2021 Latest Caselaw 18247 Guj

     C/CA/1897/2021                                  ORDER DATED: 08/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1897 of 2021

                       In F/FIRST APPEAL NO. 28846 of 2021

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                      RAHIBEN D/O RAJESHBHAI NANJIBHAI
                                   Versus
                        JAYAGAURI NANJIBHAI SOJITRA
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Appearance:
JENIL M SHAH(7840) for the Applicant(s) No. 1
 for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                 Date : 08/12/2021
                                  ORAL ORDER

1. Heard Mr.Jenil Shah, learned advocate for the applicant.

2. This is an application for leave to appeal to assail judgment and order dated 10.6.2021 passed by the learned Additional Civil Judge, Junagadh in Civil Misc. Application no.17 of 2021 where under probate/letters of administration of will of the grandfather of the applicant is granted to the respondent, who happens to be the grandmother of the applicant.

3. Mr.JM Shah, learned advocate for the applicant submits that the applicant is a grand daughter of Nanjibhai Laljibhai Sojitra and as such, he is having share in the subject land. He further submits that the applicant

C/CA/1897/2021 ORDER DATED: 08/12/2021

was seeking share from the subject land and had also served notice dated 4.10.2021 to Jaydeep Sojitra and Jayaben Sojitra for the purpose of claiming the share of subject land. It is further his submission that probate/letters of administration is granted in favour of the respondent without issuing citation to the applicant. He, therefore, submits that leave to prefer the appeal to assail order of the Labour Court may be granted.

4. Considering the facts of the case and considering the fact that the applicant seems to be the granddaughter of the legator Nanjibhai Laljibhai Sojitra, I am of the view that it is a fit case to grant leave to prefer appeal to challenge the judgment and order dated 10.6.2021 passed by the learned Additional Civil Judge, Junagadh in Civil Misc. Application no.17 of 2021. The application accordingly stands disposed of.

(A.G.URAIZEE, J) ALI