Priyanka Abhijeet Zine Alias Priyanka Ganesh Salunke v. Padma Bhalchandra Zine

2026:BHC-AUG:12768 wp 3090.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 WRIT PETITION NO. 3090 OF 2026 Priyanka Abhijeet Zine Alias Priyanka Ganesh Salunke

VERSUS

Padma Bhalchandra Zine ...

Advocate for Petitioner : Mr. Kakde Sunil B ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 24, 2026 PER COURT :- 1.

Petitioner impugns the order dated 17.6.2025 passed below Exhibit-34 by the joint Civil Judge S.D., Ahmednagar in Civil MA No.48 of 2023.

2.

The petitioner/applicant instituted proceeding for issuance of heirship certificate under Bombay Regulation Act, 1827, which is contested by mother-in-law of the petitioner. The application purported to be made with intention to receive benefits under various Government schemes and from employer of deceased Dr.Abhijit Zine. While aforesaid application was at the stage of final hearing and evidence of petitioner was recorded, petitioner filed application below Exhibit34 under Order 6 Rule 17 of Civil Procedure Code seeking amendment in application.Trial Court declined to entertain

wp 3090.26.odt application on the ground that it is made after commencement of the trial.

3.

Apparently, petitioner's application is filed under Bombay Regulation Act for issuance of the heirship certificate. Only the issue to be decided is whether the petitioner is legal heir of Dr. Abhijit Bhalchandra Zine. For the purpose of decision of issue, proposed amendment does not appear to be necessary. Further, learned Trial Court recorded reasons that application is filed at belated stage i.e. after commencement of the trial and same cannot be entertained. The record indicates that cross-examination of non-applicant is finalized on 15.2.2024 and application for amendment is filed after fourteen months thereafter.

4.

In that view of the matter, no fault can be found in the impugned order. Writ Petition sans merit, hence, dismissed. ( S. G. CHAPALGAONKAR, J. ) ...

AAA/-