Neeta Gopal Patil v. Ashwini Gopal Patil

36-WP-3595-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3595 OF 2026 Neeta Gopal Patil ..Petitioner

Versus

Ashwini Gopal Patil

...Respondent

Mr. Suraj Naik, with Ketkee Kamble, i/b R.D. Suryawanshi, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATE :

21st APRIL 2026 ORAL ORDER:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 26th September 2024, passed by the learned Civil Judge, Wada, Dist. Thane, whereby issues have been settled in Civil MA No. 10 of 2022, for grant of heirship certificate.

ARUN RAMCHANDRA SANKPAL 3.

It was submitted on behalf of the Petitioner that the Court has no ARUN RAMCHANDRA SANKPAL Date: 2026.04.24 10:46:41 +0530 jurisdiction to frame the issues.

4.

In view of the resistance put forth by the Petitioner, the learned Civil Judge has persuaded to frame the issues. Under Bombay Regulation VIII of 1827, while deciding the issue of grant of heirship certificate, the Court is empowered to record the evidence. ARS 1/2

36-WP-3595-2026.DOC 5.

Having regard to the provisions of Section 141 of the Code of Civil Procedure, 1908, it cannot be said that the procedure adopted by the learned Civil Judge is so irregular so as to warrant interference in the exercise of the supervisory jurisdiction. 6.

Petition thus stands disposed.

[N. J. JAMADAR, J.] ARS 2/2