Sudhirbhai Nagindas Doshi vs State Of Gujarat
2024 Latest Caselaw 959 Guj

Gujarat High Court

Sudhirbhai Nagindas Doshi vs State Of Gujarat on 5 February, 2024

                                                                              NEUTRAL CITATION




     C/SCA/1806/2024                            ORDER DATED: 05/02/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1806 of 2024
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                       SUDHIRBHAI NAGINDAS DOSHI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR. DHAVAL G BAROT(6546) for the Petitioner(s) No. 1
SANKET K PANDYA(9451) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                            Date : 05/02/2024

                             ORAL ORDER

1. The challenge in this petition is the order dated

14.7.2023 passed by the learned Aux.Chamber Judge of City

Civil Court at Ahmedabad below Exh.1 in disposing the Civil

Miscellaneous Application No.16 of 2023 ordering it to convert int a civil suit.

2. Heard learned advocate for the petitioner.

3. Learned advocate for the petitioner has drawn my

attention to the impugned order and submitted that in view

of the objection raised in the Probate Application, the Probate

Application is now converted into Civil Suit and it has

become contentious. He submitted that the learned trial court

has committed error in doing so, as the objector is interested

NEUTRAL CITATION

C/SCA/1806/2024 ORDER DATED: 05/02/2024

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in delaying the proceedings.

4. Considering the fact that now it is settled position

of law, more particularly, under the provisions of the Indian

Succession Act that wherever any application for Probate or

Letter of Administration is filed and court receives objection

in any manner, then the court has to decide such application

as if the court is deciding the suit proceedings, the impugned

order passed by the learned trial court is just and proper.

Therefore, there is no illegality or perversity or jurisdictional

error in passing such order.

5. In view of the above and considering the judgment

in the case of Garment Craft V/s Prakash Chand Goel reported in (2022) 4 SCC 181, more particularly, paragraph

nos.15 to 17 therein, where it was held that High Courts

while exercising powers under Article 227 does not act as

appellate authority and cannot reappreciate evidence and the

jurisdiction exercised under Article 227 is in nature of

correctional jurisdiction to set aside grave dereliction of duty

or flagrant abuse of process of law and High Court cannot

substitute its own view on merits, this petition is dismissed

at this stage without expressing any opinion on merits of the

proceedings.

(SANDEEP N. BHATT,J) SRILATHA