Ramesh Shankar Bombatkar v. Bhikaji Bala Barke (Deceased)

16-MPT144-17.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 144 OF 2017 Bhikaji Bala Barke ...Deceased Ramesh Shankar Bombatkar

...Petitioner

Mr Abhijeet K Naik, with Mr Raj Gupta, i/b Mr Rajesh P Khobragade, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

19th March 2018 PC:- 1.

The Petition is accepted and a proclamation issued pursuant to the order dated 15th November 2017.

2.

The Petitioner says he is a nephew of the deceased Bhikaji Barake Shinde. The Petition says that the deceased was also known as BB Barke. The deceased's death certificate at page 18 is in the name of Shinde Bhikaji Barake. That in itself is an unresolved inconsistency, but what makes matters exceedingly problematic is that the Heirship Certificate is said to be required for a MHADA allotment; and the allotment letter at pages 20 and 21, in fairness pointed out by the learned Advocate for the Petitioner, shows two names: BB Barke and Bhikaji Bala Barke.

19th March 2018

16-MPT144-17.DOC 3.

Then there is an Affidavit of the Petitioner from page 23 onwards which notes these discrepancies but purport to says that these names, i.e., Bhikaji Barake Shinde, BB Barke and Bhikaji Bala Barke, as also presumably the name in paragraph 1 of the Petition, Bhikaji Barake Shinde, all refer to the same person. 4.

We have only a statement of the Petitioner to show this. There is no other document to show this. The Heirship Certificate is needed for MHADA, the very authority whose records show a name quite different from that of the deceased's death certificate. 5.

In my view, it would not be appropriate or prudent to allow the Petition in a situation like this. The Petition is dismissed. 6.

The Petitioner is at liberty to make a fresh application with appropriate material if available.

(G. S. PATEL, J) 19th March 2018