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Bombay High CourtMPT/310/2025disposed off

Jagat Prabha Mishra W O Ramesh Kumar Mishra v. Sudhir Ramesh Mishra Alias Sudhir Ramesh Kumar Mishra

2025-09-12Hon'Ble Shri Justice Milind N. Jadhav2 pages

114.MPT.310.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 310 OF 2025 Sudhir Ramesh Mishra alias Sudhir Ramesh Kumar Mishra .. Deceased Jagat Prabha Mishra and Anr.

.. Petitioners ....................

 Mr. Prabhu Velar, Advocate for Petitioners.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 12, 2025.

P.C.:

1.

Heard Mr. Prabhu, learned Advocate for Petitioners. 2.

Present Misc. Petition is filed by Petitioners for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Sudhir Ramesh Mishra alias Sudhir Ramesh Kumar Mishra. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.12 of the Petition. I have perused the same. 3.

Joint consent Affidavit dated 18.03.2025 of Vedant Sudhir Mishra and Anusha Sudhir Mishra, the legal heirs are filed on record and appended at page No.10 of Petition.

114.MPT.310.2025.doc 4.

In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of prayer clauses 'a' and 'b' which read thus:- "(a) That the delay in filing the present Petition be kindly condoned in the interest of justice.

(b) That a Legal Heirship Certificate of the deceased be issued under the Provision of Bombay Regulation Act, VIII of 1827, certifying that

(1) Jagat Prabha Mishra W/o. Ramesh Kumar Mishra (Mother of the deceased and the Petitioner No.1 herein), (2) Nalini Sudhir Mishra (Widow of the deceased and the Petitioner No.2 herein), (3) Vedant Sudhir Mishra (Son of the deceased) and (4) Anusha Sudhir Mishra (Daughter of the deceased), are the only heirs and Legal representative of the deceased."

5.

Issuance of proclamation stands dispensed with. 6.

Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively. 7.

Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.09.13 17:49:25 +0530 AJAY TRAMBAK UGALMUGALE