VISHWANATH SANGRAM PATRE Vs. SUNITA TRIMBAK KAMANNA

JUDGEMENT

(1.) Issue notice to the respondents, returnable in four weeks.

(2.) Learned advocate for the petitioner Mr. Ashtekar contends that under section 15 of the Hindu Succession Act, the property concerned being absolute property of deceased Sangita, she had executed a will in favour of the petitioner and has given the same to the petitioner. While this is so, a miscellaneous application for heirship certificate had been filed by the respondents seeking heirship along with the petitioner and the same had been granted, about which the petitioner had not been aware. Upon knowledge, while he had been to the court objecting to the same and had applied for interim relief staying effect of certificate, the same has been rejected, without taking into account real nature of facts involved and their impact and right to the property. He further purports to advert to that, the court has relied on heirship certificate issued by member of municipal council and no other evidence had been given for heirship by the respondents. He, therefore, urges for interim relief contending that revenue record is likely to be changed with aid of the certificate.

(3.) In view of aforesaid, till the returnable date, status quo as on the date be maintained by the parties.