Smt. Sarika Wd/O Kailash Choudhary And Others v. Mrs. Gangabai W/O Rambhau Chaudhari
caf1091.20.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.1091 OF 2020 IN FIRST APPEAL STAMP NO.2909 OF 2020 (Smt. Sarika wd/o Kailash Choudhary and others Vs. Mrs. Gangabai w/o Rambhau Chaudhari) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Shri Bhushan Dafle, Advocate for Appellants.
CORAM: ROHIT B. DEO, J.
DATE: 23 rd JUNE, 2020.
Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.
2] This application seeks condonation of delay in preferring appeal challenging the order dated 14.10.2019 whereby the heir-ship certificate issued in the name of the applicants/appellants is revoked on the ground that the applicants/appellants suppressed the fact that the mother of the deceased Smt. Gangabai is also a Class-I heir. The heir-ship certificate was obtained behind the back of Smt. Gangabai.
3] Shri Bhushan Dafle, the learned counsel fairly does not dispute that Smt. Gangabai is also a Class-I legal heir.
caf1091.20.O.odt 4] In this view of the matter, there is no propriety in condoning the delay.
5] The application for condonation of delay is rejected.
6] However, it is made clear that the applicants shall be at liberty to file a proper application for grant of heir-ship certificate making every legal heir party, and if this is done, the said application shall be considered on its own merit.
7] The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law. JUDGE NSN