[2025:RJ-JP:51568] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 459/2024 Ashish Garg Son Of Shri Ram Krishan, Aged About 52 Years, Resident Of 47/153, Kiran Path, Mansarovar, Jaipur, Rajasthan 302020 ----Appellant Versus 1. Smt. Usha Gupta Wife Of Shri Ram Krishan, Resident Of 47/153, Kiran Path, Mansarovar, Jaipur, Rajasthan 2. Smt. Shilpi Agarwal Wife Of Shri Rajesh Kumar Agarwal, D/o Of Shri Ramkrishan, Resident Of 3 C/706, Whispering Palms, Lokhandwala Township, Kandivali East, Mumbai Maharashtra 4009101 3. Secretary, Vishnupuri Sahkari Awas Samiti Ltd. Soor Marg, Vishnupuri, Aligarh 202001 4. Public In General, R/o ----Respondents For Appellant(s) : Mr. Lalit Kumar Ms. Alka Kaushik For Respondent(s) : Mr. Devendra Sharma HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 19/12/2025 Heard the appeal finally with the consent of both the parties. The present appeal has been filed against the order dated 31.10.2023, whereby the application under Section 276 of the Indian Succession Act, 1925, seeking probate of the Will of late Shri Shiv Prasad Gupta, was rejected. Both the parties are in agreement that the said application was wrongly rejected by the trial Court, as there was no dispute between the parties regarding the Will. No other person had come [2025:RJ-JP:51568] (2 of 2) [CMA-459/2024] forward to raise any objection to the Will, and merely on the ground that the Will was not proved in accordance with Section 68 of the Indian Evidence Act, the application for probate was rejected. Both the parties further agree that the matter may be remanded back to the trial Court. Considering the same, the order dated 31.10.2023, is hereby quashed and set aside, and the matter is remanded back to the trial Court to decide the proceedings afresh after taking into consideration the pleadings and admissions of the parties. With the aforesaid observations, the Civil Miscellaneous Appeal stands disposed of. All pending applications, if any, also stand disposed of. (BIPIN GUPTA),J Arun/77