Disposed

Surekha Prabhakar Dixit and Others v. Vasanti Murlidhar Potdar and Others

Bombay HC16 Dec 2024AO/731/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay disposed of an appeal challenging a remand order. The appellant argued the appeal concerned a jurisdictional issue under the Indian Succession Act regarding probate, referring to a Division Bench judgment. Directions were issued to issue notices and grant ad-interim stay.

What did the court decide?

Issued direction for notice to respondents and granted ad-interim stay of the impugned order pending disposal.

Surekha Prabhakar Dixit and Others vs Vasanti… — Succession and Inheritance | Bombay HC (2024)

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10 AO-731-2024 (C).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Digitally signed by HUSENBASHA HUSENBASHA RAHAMAN RAHAMAN NADAF NADAF Date: 2024.11.14 19:14:41 +0530

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APPEAL FROM ORDER NO. 731 OF 2024 WITH INTERIM APPLICATION NO. 13953 OF 2024

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Surekha Prabhakar Dixit And Others ...Applicants Versus Vasant Murlidhar Potdar And Others ...Respondents ***

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Mr. Dilip Bodake, for Appellant.

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CORAM : M.M. SATHAYE, J. DATE : 14^th NOVEMBER, 2024

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P.C. :

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Heard learned counsel for the Appellant. Perused papers. The Appeal is filed challenging order of remand dated 30.04.2024 passed by the learned District Judge, Kolhapur in Regular Civil Appeal No. 203 of 2017.

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Learned counsel for the Appellant points out that this Appeal is filed challenging the Judgment and Order dated 03.03.2015 in Civil Misc. Application No. 201 of 2012 passed by 4^th Joint Civil Judge, Senior Division, Kolhapur exercising jurisdiction u/s.276 of the Indian Succession Act, 1925 for grant of probate. He submits that in view of the judgment of this Court (Division Banch) in the matter of Smt. Nola Jonathan Rambhise V. Union of India & Ors.¹ , the Appeal

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2014(4) ALL MR 181

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Page 1 of 2

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Husen

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10 AO-731-2024 (C).doc

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against the Order dated 03.03.2015 could not have been filed in the District Court and ought to have been filed in this Court (High Court). He submits that a legal aspect of jurisdiction is involved, which goes to the root of the matter and hence the impugned Order is ex-facie without jurisdiction. He further submits that pursuant to the directions in the impugned order, the Trial Court is proceeding with the matter and it is kept for hearing on 29.11.2024.

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Issue notice to the Respondents, returnable on 16.12.2024 for final disposal. In addition to the Court notice, private notice is permitted.

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Till next date there will be ad-interim relief in terms of prayer clause (a) which reads as under.

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“(a) Pending the hearing and final disposal of the present Appeal from Order, this Hon'ble Court be pleased to stay the effect, implementation and operation of the impugned Judgment and order dated 30.04.2024 passed by the Ld. District Judge-1, Kolhapur, in Regular Civil Appeal No. 203 of 2017;”

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All concerned to act on duly authenticated or digitally signed copy of this order.

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(M.M. SATHAYE, J.)

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Page 2 of 2

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Husen

Surekha Prabhakar Dixit and Others v. Vasanti Murlidhar Potdar and Others

Case brief

What is this about?

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Surekha Prabhakar Dixit and Others v. Vasanti Murlidhar Potdar and Others

Case brief

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