UMA VIJENDRA WAGH Vs. RUKHMINIBAI VIJENDRA WAGH

JUDGEMENT

(1.) This appeal is preferred against the judgment and order passed by the Civil Judge Senior Division, Aurangabad [for short 'the trial Court'] for granting succession certificate in favour of respondent nos.1 and 2.

(2.) On 28/1/2005, present respondent nos.1 and 2 filed petition for grant of succession certificate in respect of death of Vijendra Wagh and for getting benefits of employment of deceased Vijendra Wagh. The present appellants filed objection and objected for issuance of succession certificate in favour of respondent nos. 1 and 2. Respondent no.1 is wife of deceased Vijendra Wagh and there was divorce deed between them in the year 1973. The marriage of appellant no.1 and Vijendra Wagh was solemnized and since the day of marriage, appellant no.1 resided with deceased Vijendra Wagh, out of the said wedlock, daughter i.e. appellant no.2 - Madhuri was born. After divorce, respondent no.1 filed maintenance petition against deceased Vijendra Wagh, she was receiving maintenance.

(3.) After hearing all the parties and considering the evidence on record, the trial Court has passed the order allowing the application filed by respondent nos.1 and 2 and granted succession certificate in favour of respondent nos. 1 and 2 and appellant no.2.