OLYMPIA MONICA D’SOUZA Vs. ARUN KESHAV JOSHI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, the petition is taken up on board for final hearing. Heard the counsel.

(2.) Mr. Railkar, the learned counsel for the respondent, in fairness, concedes that the orders impugned in the petition cannot be sustained in law and that it was necessary for the learned trial Judge to decide the objections raised by the respondents on merit in view of Chapter I, Rule (4) of the Bombay Regulations VIII of 1827. Rule (4) requires the Court before whom the application for heirship certificate is pending to decide the objections raised by any third party thereto and decide the same. The learned trial Judge, instead of deciding the objections, resorted to Para 233 of the Civil Manual for transferring the proceedings from his Court.

(3.) Thereafter, the District Court has transferred the proceedings to the Court of Civil Judge, Senior Division. The petition is, therefore, allowed and the rule is made absolute in terms of prayer clause (a).