Narendra Javeri @ Chinubhai And ANR v. The State Of Maharashtra And ANR

(5) WP 2954-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Amk WRIT PETITION NO. 2954 OF 2018 Narendra Javeri @ Chinubhai & Anr.

.. Petitioners Vs.

The State of Maharashtra & Anr.

.. Respondents Mr. Suhas S. Deokar a/w. Mr. Atmaram Patade i/b Atmaram Patade for the Petitioner.

Mr. Hiten Venegaonkar, AGP for Respondent Nos.1 & 2-State. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 17 th JANUARY, 2020.

P. C. :

1.

From the pleadings in the Writ Petition it appears to be a case where inheritance is claimed through Sakarchand who died on 20.08.1928.

2.

Except for making the Court understanding that Sakarchand was survived by his four sons the Petition throws no light on further succession. The Petition does not even aver that only four sons survived Sakarchand meaning thereby there is no positive assertion of a positive fact.

3.

Learned Counsel seeks leave to withdraw the Petition with right reserved to file a properly drafted Writ Petition including therewith a pedigree table of the family commencing from the petric Sakarchand. 4.

Granting liberty as prayed for the Petition is disposed of as not Arjun M.

Kadam pressed.

[SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] Arjun M. Kadam Date: 2020.01.18 11:48:13 +0530 1/1