CHANDRABHAGA RAMESH SANGALE Vs. VARSHA SUNIL SANGALE

JUDGEMENT

(1.) Heard Mr. Deshpande, learned counsel for the petitioner and Mr. Narwade, learned counsel for the respondents.

(2.) The petition challenges the rejection of the application under Sec. 10 of the CPC filed by the present petitioners in proceedings instituted under the Bombay Regulation VIII of 1927 by the Respondent Nos.1 and 2 for grant of legal heirship certificate, on the ground that the mother of the deceased who is the petitioner no.1 herein along with the father had also filed proceedings under Sec. 372 of the Indian Succession Act for a succession certificate by virtue of Civil Misc. Application No. 81/2021 before the learned CJJD, Lonar and therefore, the earlier proceedings instituted under the Bombay Regulation need to be stayed.

(3.) Mr. Deshpande, learned counsel for the petitioners submits that since the later proceedings under sec. 372 of the Succession Act contemplates grant of a succession certification, even on a prima facie basis, the earlier proceedings under the Bombay Regulation need to be stayed, as there was a dispute and in case of disputed question, the Court entertaining the proceedings under the Bombay Regulation was enjoined to stay its hands.