SANJAY PURSHOTTAM PATANKAR Vs. PRAJAKTA PRAMNOD PATIL

JUDGEMENT

(1.) By this Appeal, exception is taken to the order dated 8th September, 2006 passed by the learned Single Judge wherein no reliefs were granted to the Appellant in the above Notice of Motion. The Appellant is the brother of the deceased whilst the Respondent is the wife of the deceased. By the above Notice of Motion, the Appellant was seeking a stay of the operation, execution and effect of the order dated 22nd June 2006 passed in Testamentary Petition No.546 of 2002.

(2.) Testamentary Petition No.546 of 2002 was filed by the wife of the deceased in which a Succession Certificate was granted in her favour by the order dated 22nd June 2006.

(3.) Before dealing with the arguments, it would be important to note a few relevant facts. The deceased, Prakash Purushottam Patankar expired on 18th May, 1998. The Respondent is the widow of the deceased. She got remarried on 14th December, 1998. The mother of the deceased also passed away on 29th March, 2001. Thereafter, in the year 2002, the Respondent herein (the widow of the deceased) filed Testamentary Petition No.546 of 2002 seeking a Succession Certificate in relation to the estate of the deceased. Testamentary Petition No.546 of 2002 came to be allowed and the Succession Certificate was granted in favour of the Respondent (the widow of the deceased). Meanwhile, the Appellant (the brother of the deceased) also filed Testamentary Petition No.676 of 2002 seeking a Succession Certificate in relation to the estate of the deceased. In this Testamentary Petition, the Appellant filed the above Notice of Motion in which the impugned order has been passed.