Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10672 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. The present petition has been filed challenging the order dated 30.07.2025 passed by Additional District Judge/F.T.C., Court No. 2, Varanasi in Misc. Case No.312 of 2024 under Section 276 of the Indian Succession Act, 1925 (Rajesh Lakhmai v. Chanda Devi and others), rejecting the application for grant of probate to the petitioner on the basis of will dated 23.08.1987 executed in favour of the petitioner by his grand father namely Late Kachumal of his properties.
3. Learned Standing Counsel has raised a preliminary objection that against the order impugned, the petitioner has an alternative remedy of filing appeal under Section 299 of the Indian Succession Act, 1925 before the High Court.
4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.
5. Accordingly, the petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law.
6. Certified copy of the orders, if any, be returned to learned counsel for the petitioner after retaining photo copy of the same. September 10, 2025 Ved Prakash Versus Counsel for Petitioner(s) : Mahesh Kumar Shukla Counsel for Respondent(s) : C.S.C. (Manish Kumar Nigam,J.) Rajesh Lakhmani .....Petitioner(s) Smt. Chanda Devi And 12 Others .....Respondent(s) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad