NITA BABURAO KHADSE Vs. LALITA

JUDGEMENT

(1.) The present petition challenges order dtd. 14/02/2019, passed by the Court of District Judge - 6, Akola (hereinafter referred to as the 'District Court'), whereby an appeal filed by the respondents was allowed and judgment and order dtd. 28/07/2016, passed by the Court of Civil Judge Senior Division, Akola, was set aside. While setting aside the aforesaid order, the District Court directed that heirship certificate be issued in favour of the respondents under Rule II of the Bombay Regulation VIII of 1827.

(2.) In the present case, a proceeding under the aforesaid Regulation was initiated by the respondents before the Court of Civil Judge Senior Division claiming that they were entitled for heirship certificate. The petitioner was made a non-applicant in the said proceeding on the basis that she also claimed to be wife of the deceased Ewan Tayade. The aforesaid Court took into consideration the contentions raised by the rival parties and by order dtd. 28/07/2016 found that the application deserved to be rejected for the reason that proper details of movable and immovable properties were not furnished and proper Court fees was not paid as per the aforesaid Regulation, apart from other reasons.

(3.) Aggrieved by the said order, the respondents herein filed an appeal under the aforesaid Regulation read with Order 43 Rule 1 of the Civil Procedure Code claiming that the Court below had erred in rejecting the application for heirship certificate to be issued in favour of the respondents. While granting the said direction, the District Court proceeded to consider the material on record and gave findings as regards the rival claims pertaining to status of the petitioner, as well as respondent No.1.