Gitadevi Ramprakash Podar v. Pragnesh Narayan Podar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 76 OF 2024 IN MISC. PETITION (L) NO. 24140 OF 2023 Gitadevi Ramprakash Podar .. Appellant

Versus

Pragnesh Narayant Podar and Ors.

.. Respondents Adv. Rajani Yadav, i/b Adv. Durgaprasad Sabnis, for the Appellant.

Adv. Karl Tamboly, a/w Adv. Sonali Aggarwal, i/b M/s. Dhruve Liladhar & Co. for the Respondents.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Appeal challenges the order passed by the learned Single Judge dated 12th February 2024. By the impugned order, Miscellaneous Petition (L) No. 24140 of 2023 filed by the Appellant was dismissed by the learned Single Judge. The learned Single Judge, in effect inter alia held that the Appellant is not entitled to revocation of the heirship certificate granted to Respondent No.1 primarily on the ground that the status of 1st Respondent's heirship was never disputed and is still not

disputed by the Appellant. The learned Single Judge also held that granting heirship certificate to the 1st Respondent does not in any way decide the title disputes. The learned Single Judge therefore proceeded to dismiss the aforesaid Petition.

2.

We have gone through the impugned order. At least prima facie, we do not find any reason to interfere with the order passed by the learned Single Judge.

3.

Be that as it may, the learned Advocate appearing for the Appellant submitted that they have recently come on record and require time to address the Court on merits. Acceding to the request of the Advocate appearing for the Appellant, we place the above matter on 23rd January 2026. We are not inclined to grant any more time for the simple reason that when the above matter was on board last week, the learned Advocate for the Appellant did not even bother to appear in the above matter. 4.

We also make it clear to the Advocate for the Appellant that after hearing the Appellant in the above Appeal, if we find no merit, we may dismiss the above Appeal by imposing heavy costs on Appellant.

5.

Stand over to 23rd January 2026.

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 17/01/2026 12:57:45