Ramesh Manikrao Wath And Another v. Divya Chandrashekhar Wath (Nee Ku. Divya Diliprao Dharmik) And Another

(1) 58wp140.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 140 OF 2023 Ramesh Manikrao Wath and anr__ Vs. __Divya Chandrashekhar Wath & anr --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Vishal Anand, Advocate for petitioner.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 09/01/2023 Heard Mr. Anand, learned counsel for the petitioner.

The petition challenges the order dated 29.11.2022 passed by the learned Civil Judge Junior Division, Buldhana, rejecting the application below Exh.25 filed by the present petitioners, seeking impleadment in proceedings filed under the Bombay Regulation, 1827, for grant of legal heir certificate in respect of deceased Chandrashekhar Wath.

Admittedly the petitioner No.1 is not a class-I legal heir, but the father of the deceased. Admittedly, there are class-I legal heirs of the deceased Chandrashekhar Wath present, who have filed the proceedings under the Bombay Regulation (viz. Respondent No.1 - the widow and Respondent No.2 - mother) in view of which since the present petitioners are admittedly Class-II L.Rs, the application at their behest would not be maintainable as there is no plea that any Will has been executed by the deceased

(2) 58wp140.23 Chandrashekhar Rameshrao Wath. I therefore do not see any reason to interfere in the impugned order. The petition is dismissed. No costs..

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: