Shaikh Chand Shaikh Karim v. Sayyad Abedabi Sayyad Ahemad And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 WRIT PETITION NO. 2066 OF 2016 SHAIKH CHAND SHAIKH KARIM

VERSUS

SAYYAD ABEDABI SAYYAD AHEMAD AND OTHERS .....

Advocate for Petitioner : Mr. Salunke Sudarshan J. AGP for respondent No. 11 : Mr. N. B. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 25th FEBRUARY, 2016 PER COURT :- 1.

The petitioner is challenging the order dated 11.12.2015 passed by learned Civil Judge Senior Division, Jalna below Exh.54 in M.A. No. 161 of 2013. Present respondent Nos. 1 to 8 field an application for heirship certificate being the legal heirs of one Sayyad Shahabuddin Sayyad Raheman and Sayyad Ahemad Sayyad Shahabuddin. The petitioner herein, has raised objection for grant of heirship certificate. The trial was commenced and respondent Nos. 1 to 8 filed application Exh.54 for carrying out amendment in the application.

2.

Instead of mentioning Sections 3 and 7 in the application, Section 2 of Bombay Regulation Act came to be mentioned. According to the respondents/original applicants, it is a typographical

wp2066.16 -2mistake and even if the proposed amendment is allowed, the same will not change the nature of the proceedings. I find no fault in the order passed by the trial court. The trial court has allowed the application with cost. No interference is called for. The writ petition is devoid of any merits and the same is hereby dismissed. No costs. ( V. K. JADHAV, J.) ...

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