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Bombay High CourtRA/114/2016rejected at admission stage

Sushma Hemantrao Bodas v. Malti Madhukar Machile

2016-06-08Hon'Ble Shri Justice T.V. Nalawade2 pages

1 RAST 24951.2009 in C.R.A. 12.2008.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 RAST/24951/2009 IN CRA/12/2008 SUSHMA HEMANTRAO BODAS

VERSUS

MALTI MADHUKAR MACHILE .....

Mr. M.M.Patil (Beedkar), Advocate for Applicant. Mr. P.N.Kalani, Advocate for Respondent.

.....

CORAM : T.V.NALAWADE, J.

DATE : 8th JUNE, 2016 ORAL ORDER :- .

The application is filed for review of the Judgment delivered in C.R.A. No. 12 of 2008.

2.

The Revision was filed by the present applicant to challenge the decision given by the Civil Court and the District Court in succession certificate matter. The

2 RAST 24951.2009 in C.R.A. 12.2008.odt application filed for getting succession certificate by the present respondent is allowed by the Civil Court. This application was opposed by the applicant in the Civil Court. The decision is confirmed by the District Court. 3.

The respondent was nominee in the service book of the deceased and she was claiming that she is the legally wedded wife of the deceased. The present applicant is the daughter of the deceased. The applicant wants to show that the respondent was not legally wedded wife of the deceased. In view of the record which includes the nomination of applicant given in the office of the employer by the deceased, the Civil Court has granted succession certificate. The applicant needs to approach the Civil Court and as such the decision could have decided finally the rights of the parties. All these observations are made by this Court. Due to these circumstances, this Court holds that it is not possible to review the order made by this Court.

4.

Review Application stands rejected. Separate number is to be given to it.

[T.V.NALAWADE, J.] KNP/