Smt. Sindhubai @ Sindhutai Sadashiv Paithankar v. Santosh Sadashiv Paithankar and Others
Case brief
What is this about?
Bombay High Court, Nagpur Bench — Writ Petition No.1472/2024, decided 29/01/2025 by Smt. M.S. Jawalkar, J. — Sindhubai @ Sindhutai Sadashiv Paithankar v. Santosh Sadashiv Paithankar — Legal heir certificate under Bombay Regulations VIII of 1827; Rule 4, Paragraph No.2, Chapter-I (suspension of heirship proceedings where question complicated or difficult, pending regular suit); rejection upheld as petitioner's own partition suit RCS No.09/2020 pending and undisclosed; alleged illegitimate children; validity of second marriage; no perversity; writ petition dismissed.
What did the court decide?
Applying Rule 4 of Paragraph No.2 of Chapter-I of the Bombay Regulations VIII of 1827, where the question at issue between the parties is of a complicated or difficult nature, the Judge may suspend proceedings on the certificate application until the question is tried by a regular suit; the Trial Court therefore acted correctly, as the applicant herself had filed a suit and had not disclosed its pendency.