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Bombay High CourtWP/3101/2025disposed off

Syed Maheboob Ali Shah Syed Turab Ali Shah v. Farhatbegum Mumtazali And Others

2025-09-30Hon'Ble Shri Justice Arun R. Pedneker1 pages

2025:BHC-AUG:27377

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO. 3101 OF 2025 SYED MAHEBOOB ALI SHAH SYED TURAB ALI SHAH

VERSUS

FARHATBEGUM MUMTAZALI AND OTHERS ...

Advocate for the Petitioner : Mr. Taher Ali Quadri Advocate for Respondent 1 : Mr. A. P. Gaikwad ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : September 30, 2025 PER COURT :- 1.

By way of present writ petition, the petitioner challenges the order dated 20.01.2025 passed by the learned Civil Judge, Senior Division, Nanded in Civil M.A. No. 318/2016 by which application for closing the proceeding filed for revocation of heirship certificate is rejected on the ground that issues are framed and evidence of both the parties is on record and therefore, the learned civil judge held that matter needs to be decided on merits and mutation of name of the respondents and filing Special Suit No. 236/2022 could not be a ground for closing the proceeding.

2.

I see no error in the order passed by the learned civil court. The petitioner can raise all his contentions in the main matter on merits. All contentions of both sides are kept open.

3.

With the above observations, the writ petition is dismissed. ( ARUN R. PEDNEKER, J. ) ssc/