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Bombay High Court

Nirmala Pramod Misale vs Sudam Pandharinath Kasabe Alias Sudam ... on 3 November, 2025

Author: Milind N. Jadhav

Bench: Milind N. Jadhav

2025:BHC-OS:19941
                                                                                        P11.MPTL.33837.2025.doc

  HARSHADA H. SAWANT
        (P.A.)
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           TESTAMENTARY AND INTESTATE JURISDICTION


                               MISCELLANEOUS PETITION (L) NO.33837 OF 2025

                Sudam Pandarinath                     Kasabe     alias          Sudam
                Pandharinath Kasbe                                                      .. Deceased

                Nirmala Pramod Misale                                                   .. Petitioner
                                           ....................
                 Mr. Rajiv A. Jadhav, Advocate for Petitioner.
                                                          ...................

                                                         CORAM : MILIND N. JADHAV, J.
                                                         DATE          : NOVEMBER 03, 2025
                P.C.:

1. Not on Board. Mentioned by way of filing praecipe dated 03.11.2025. Perused the praecipe.

2. Heard Mr. Jadhav , learned Advocate for Petitioner.

3. Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Sudam Pandarinath Kasabe alias Sudam Pandharinath Kasbe. The names and details of legal heirs of the deceased are stated in paragraph No.5 of the Petition. Purpose for filing the present Petition is stated in paragraph No.6 of the Petition. I have perused the same.

4. Consent affidavits dated 15.10.2025 of Ujwala Bharat Sorate and Anand Sudam Kasbe, the legal heirs are filed on record and appended at page Nos.24 and 28 of Petition.

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5. 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' which reads thus:-

"(a) This Hon'ble Court be pleased to declare that the (i) Smt. Nirmala Pramod Misale, the married daughter of the deceased, (2) Shri Anand Sudam Kasbe, the son of the deceased, and (3) Ujwala Bharat Sorate, married daughter of the deceased, are the only heirs and legal representatives of Sudam Pandarinath Kasabe alias Sudam Pandarinath Kasbe, under the provisions of Bombay regulation VIII of 1827."

6. Issuance of proclamation stands dispensed with.

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

8. Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections.

H. H. SAWANT                                                              [ MILIND N. JADHAV, J. ]

                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2025.11.03
                            17:53:06 +0530




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