High Court of Gujarat

PRAFULCHANDRA VITTHALBHAI PATELversusSANJAYKUMAR VITTHALBHAI PATEL

Disposal: 46-ANY OTHER MODE @ FH
Bench: C DOSHI

Holding

The High Court lacks jurisdiction to hear the appeal and therefore transfers it to the District Court, Vadodara.

Summary

The Principal Senior Civil Judge in Vadodara rejected an application for probate, prompting the parties to file a first appeal. Under the Gujarat Civil Court Act, such an appeal is maintainable before the District Court, not the High Court. The appellant’s counsel sought transfer of the appeal to the appropriate District Court, and the respondent’s counsel did not oppose. Justice J.C. Doshi held that the High Court lacked jurisdiction to entertain the appeal. Consequently, the appeal was disposed of by the High Court and transferred to the District Court, Vadodara, with the registry retaining copies of the appeal memorandum, the impugned order, and the advocates’ Vakalatnamas while sending the original records to the District Court.

Issues considered

Whether the High Court of Gujarat has jurisdiction to entertain the first appeal against the probate order of the Principal Senior Civil Judge, Vadodara.

Subjects

probatejurisdictionappeal transferGujarat Civil Court Actcivil procedure

Judgment

     C/FA/2397/2017                               ORDER DATED: 17/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2397 of 2017

==========================================================
              PRAFULCHANDRA VITTHALBHAI PATEL & ANR.
                              Versus
               SANJAYKUMAR VITTHALBHAI PATEL & ANR.
==========================================================
Appearance:
MR CHIRAG B PATEL(3679) for the Appellant(s) No. 1,2
MR HARSH N PAREKH(6951) for the Defendant(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 17/04/2026

                                  ORDER


      The application for obtaining probate has been rejected
by the learned Principal Senior Civil Judge, Vadodara. In view
of Gujarat Civil Court Act, the appeal is maintainable before
the District Court. However, inadvertently, the appeal is filed
before this Court.


      Learned advocate Mr. Chirag Patel in the aforesaid
circumstances, submits that the appeal may be transferred to
the concerned District Court. Learned advocate for the other
side did not object to grant such relief.


      Resultantly, present First Appeal stands disposed of
from the jurisdiction of this Court by transferring it to the
jurisdiction of the District Court, Vadodara.


      While transferring the First Appeal, the Registry of this


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              C/FA/2397/2017                                                          ORDER DATED: 17/04/2026




    Court shall retain the copy of appeal memo as well as copy of
    the impugned judgment and order and Vakalatnama of learned
    advocates for both the sides.                                    Entire original records and
    other rest of the papers shall be transferred to the District
    Court, Vadodara.

                                                                                                     (J. C. DOSHI,J)
    SHEKHAR P. BARVE




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 17/04/2026 15:02:24




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