VATSALABAI GOVINDRAO BIRADAR Vs. KUSHWARTA GOVINDRAO BIRADAR

JUDGEMENT

(1.) Heard.

(2.) By the present civil revision application the applicants are challenging the order dtd. 3/2/2012, of the appellate court passed by the Adhoc District Judge-1, Udgir thereby challenging the order passed by the Civil Judge, Senior Division, Ahmedpur dtd. 13/4/2006, whereby the Civil Judge, Senior Division, Ahmedpur has granted declaration that the objection petitioners no.1 and 2 namely Vatsalabai and Deelip and applicants no.2 to 4 namely Asha, Deepali and Vikram are the legal heirs of deceased Govindrao and pleased to issue heirship certificate to them except applicant no.1 - Kushwarta.

(3.) The applicants are challenging the order passed by the Civil Judge, Senior Division, for the reason that the applicants had applied earlier for heirship certificate and the heirship certificate was granted in favour of the applicants and that it was not permissible for the Civil Judge, Senior Division to re-grant heirship certificate, when an earlier heirship certificate was earlier granted. Mr. A. V. Indrale Patil, learned counsel for the applicants also relied upon the judgment of the Hon'ble Supreme Court in the case of Madhvi Amma Bhawani Amma Vs. Kunjikutty Pillai Meenakshi Pillai, AIR 2000 SC 2301, at paragraph no.19, which reads as under:-