VITTHAL RAMCHANDRA MALI Vs. LAXMI GANPATI MALI

JUDGEMENT

(1.) The submissions of the Advocates appearing for the Appellants in these two Appeals were heard on 04th May, 2006. The challenge in both the Appeals is to orders passed by the courts of Civil Judge, Senior Division on Application under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the said Act of 1925) for grant of succession certificate. The question to be decided in these Appeals is whether the Appeal under section 384 of the said Act of 1925 against the decision of the learned Civil Judge, Senior Division will lie to this Court or to the District Court. In First Appeal No.1347 of 2005, a report of the Registrar of this Court was called for on this aspect. The Report is accordingly submitted which is referred to in the later part of the judgment.

(2.) It will be necessary to refer to the relevant provisions of law which are necessary for deciding the aforesaid question. Section 384 of the said Act of 1925 reads thus:

(3.) It is brought to my notice that under section 28-A of the Bombay Civil Courts Act, 1869 (hereinafter referred to as the said Act of 1869) this Court has a power to invest in any Judge powers of a District Judge under certain statutes. Section 28-A reads thus: