Writ petition challenging rejection of impleadment application by a legal heir of a deceased party to a Section 372 succession certificate application. The court declined to interfere but noted the petitioner was free to file a civil suit.
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2024:BHC-NAG:14233
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition (WP) No. 7298 of 2024
Nirmala Ramdas Zarkar (died) through legal heirs Kanta W/o Vinayakrao Panditkar and another
Versus
Bhavana Kiran Zarkar
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Shri P.U.Kavishwar, Advocate for the petitioners.
CORAM : N.R.BORKAR, J. DATED : 18th DECEMBER, 2024.
This petition takes exception to the order
dated 17th October, 2024 passed by the Civil Judge,
Senior Division, Akola below Exhibits 27, 29 and 30 in
Civil Miscellaneous Application No. 2218 of 2022.
Act for grant of succession certificate in respect of debt
and securities of her husband Kiran Zharkar who died
SKNair
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on 7th October, 2022. The mother of the deceased
namely Nirmalabai was made a party to the application,
who died during the pendency of the application on 20th April, 2023.
submits that the Trial Court has erred in rejecting the application by ignoring the compromise decree in a suit filed by Nirmalabai against respondent No.1. It is submitted that as per compromise decree, Nirmalabai was entitled to one half share in the properties owned by the deceased. It is submitted that the Trial Court therefore ought to have allowed the application as the petitioner being legal heir of Nirmalabai.
Considering the facts and circumstances of the case, I am
SKNair
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not inclined to interfere with the impugned order, however, it would be open to the petitioner to file Civil Suit.
[N.R.BORKAR, J.]
SKNair
1 issue framed by the court
Whether the trial court erred in rejecting the petitioner's application for impleadment as legal heir of the deceased applicant in a succession certificate proceeding.
1 provisions across 1 enactments
Nirmala Ramdas Zarkar (died) through legal heirs Kanta W/o Vinayakrao Panditkar and another
Bhavana Kiran Zarkar
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
