Bombay High Court
Vikram Bhalchandra Ghongade vs Bhalchandra Bhimrao Ghongade And ... on 14 December, 2022
Author: Vinay Joshi
Bench: V. G. Joshi
1 16wp7924.22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 7924/2022
(Mr. Vikram Bhalchandra Ghongade Vs. Shri Bhalchandara Bhimrao Ghongade)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Petitioner in person.
CORAM : VINAY JOSHI, J.
DATED : 14/12/2022.
Heard.
2. The petitioner has initially applied under the Bombay Regulation Act seeking issuance of heirship certificate. The Civil Court though allowed the application, has granted heirship certificate jointly in the name of the petitioner and his father. As a matter of fact, due to demise of petitioner's mother, he has applied for grant of heirship certificate making his father respondent. The Civil Court has issued heirship certificate in joint name, therefore the petitioner has filed regular civil appeal No. 64/2021 in the Court of District Judge, Wardha. The said appeal was entertained and on merits, it was dismissed vide order dated 08.07.2022 which is the subject matter of challenge.
3. It is petitioner's contention that though appeal was not maintainable, he has mistakenly filed in the District Court. On facts, it is submitted that the Civil Court failed in serious error in issuing heirship 2 16wp7924.22 certificate in joint name instead of issuing in petitioner's sole name.
4. Issue notice to the respondent returnable after four weeks.
(VINAY JOSHI, J.) Gohane JITENDRA BHARAT GOHANE Digitally signed by JITENDRA BHARAT GOHANE Date: 2022.12.14 18:34:53 +0530