LAWS(KER)-2016-4-66

BEEGAUM B. JEHNNAR Vs. THE DISTRICT COLLECTOR

Decided On April 11, 2016
Beegaum B. Jehnnar Appellant
V/S
THE DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) Petitioner has filed this writ petition contending that without the juncture of the petitioner respondents 4 to 6 managed to obtain Ext.P4 legal heirship certificate from the 3rd respondent. It is the contention of the petitioner that, petitioner and her children are wife and children of one Ashraf, who died on 16.06.1999. The said Ashraf and respondents 4 to 6 are children of one Rasavu Mohammed, who was the owner of large extent of properties. After the death of Rasavu Mohammed, respondents 4 to 6 approached the 3rd respondent and secured Ext.P4 legal heirship certificate in which the name of the petitioner and her children are not included in their status as legal -heirs of late Rasavu Mohammed. Aggrieved by this, Ext.P5 appeal was filed before the 2nd respondent, which is pending consideration. It is the further contention of the petitioner that during pendency of the appeal respondents 4 to 6 are taking steps to dispose of the property etc. inherited by them pursuant to Ext.P4 legal heirship certificate obtained by them.

(2.) Heard learned counsel for the petitioner and learned Senior Government Pleader.

(3.) Considering the rival submissions made by respective counsel, I am of the considered opinion that Ext.P5 can be directed to be disposed of within a time frame. In the meanwhile, petitioner contends that it is apprehended that the property owned by Rasavu Mohammed will be transacted by respondents 4 to 6.