SUSHMA HEMANTRAO BODAS Vs. MALTI MADHUKAR MACHILE

JUDGEMENT

(1.) This revision application is directed against the order of issuance of Succession Certificate in favour of present Respondent passed by the by Civil Judge Senior Division, Beed in Miscellaneous Civil Application No. 161 of 2005 decided on 29.9.2006, which judgment and order is further confirmed by the learned District Judge-I, Beed in Miscellaneous Civil Appeal No. 101 of 2006 decided on 24.10.2007.

(2.) It is not disputed that Madhukar Machile retired from government service on superannuation on 27.8.1992. Admittedly, he was father of present revision applicant Sushma Bodas who is his married daughter residing at Akola. Present Respondent Malti filed Application bearing Misc. Civil Application No. 161 of 2005 in the Court of Civil Judge, Senior Division, Beed, seeking grant of succession certificate in respect of the amounts lying in the name of deceased Madhukar Machile in his bank accounts with State Bank of Hyderabad, Bank of Maharashtra and Beed District Central Cooperative Bank, Beed and also for family pension. It is stated that that Madhukar died on 24.5.2005 at Akola. According to Respondent Malti, she is the widow of Madhukar; Madhukar was survived by the respondent and present revision applicant. The respondent-applicant Malti in the application has stated that she married deceased Madhukar on 7.5.1999 at Shri Kankaleshwar Temple, Beed and the marriage was registered on 11.5.1999 with the office of Marriage Registrar, Beed.

(3.) The said application (MCA 161/2005) was opposed by present revision applicant Sushma Bodas who was opponent in that application, by filing written say at Exhibit 16/B. She denied the relationship between applicant Malti and deceased Madhukar. According to her, Malti was working as cook at the house of Madhukar who was residing alone at Beed and during that period certain documents were prepared. Thus, the application for succession certificate was challenged mainly on the ground that Malti was not the widow of deceased Madhukar.