Mohd Basheer Abdul Gaffar Kothari v. Vinodkumar Hanumandas Soni And Others

2024:BHC-AUG:5359 2520.24WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 2520 OF 2024 MOHD BASHEER ABDUL GAFFAR KOTHARI

VERSUS

VINODKUMAR HANUMANDAS SONI AND OTHERS ...

Advocate for the petitioner : Adv.G.R.Syed ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 05.03.2024 P.C. :

1] Heard the learned counsel for the petitioner. 2] The petitioner challenges the order dated 11.01.2024 passed by the Civil Judge Senior Division, Parbhani below Exh.48 in Civil Misc. Application No.491 of 2021.

3] The petitioner challenges the heirship certificate on the count that the heirship certificate could be used for claiming the rights over the property. The heirship certificate does not determine the rights of the parties qua particular property and the same would be adjudicated

2520.24WP before the appropriate Court. Since the petitioner is not claiming to be the legal heirs of the deceased, the petitioner cannot object to grant the heirship certificate in favour of the respondents.

4] In view of the above, the present Writ petition is dismissed.

[ARUN R. PEDNEKER] JUDGE DDC