MOHD. RAFAT AFAND Vs. NIKHAT SHABANA

JUDGEMENT

(1.) These four appeals are being decided by this common judgment, since common questions of facts and law arise therein. Moreover, the parties to these appeals are almost common.

(2.) The challenge in First Appeals No.2772/2016 and 3354/2017 is to the order dtd. 2/3/2016, passed by 4 th Jt. Civil Judge, Senior Division, Aurangabad in Civil M.A. No.856/2004. By the order impugned in both these appeals, the application preferred by the respondent No.1 in both these appeals (applicant No.2 in Misc.C.A.No.856/2004) for grant of heirship certificate was allowed. While challenge in First Appeals No.2773/2016 and No.3352/2017 is to the order dtd. 2/3/2016, passed by the same Court, rejecting the application (Civil M.A. No.258/2006) for grant of probate.

(3.) Facts necessary to decide these appeals are as follows :-