Madan Mehta & Anr vs State And Ors on 1 February, 2022
10. The other two judgments, relied upon by the learned counsel for the
petitioners, are the decision of the High Court of Calcutta in Fatemanesha
Begum and Ors. Vs. S.K. Mahidin and Ors. 1944 SCC OnLine Cal 37 and
the judgment of the High Court of Bombay in Anita Anant Patil Vs. Malini
Anant Patil, 2019 SCC OnLine Bom 8833. The second case related to
substitution in appeal proceedings in a case in which the deceased had
applied for a certificate of succession and while the Civil Judge (Senior
Division) granted the Succession Certificate to her, this was reversed by the
District Judge against which the appeal had been filed before the High
Court. The High Court took the view that the deceased appellant being in a
status similar to that of an executor of the Will, on her demise no legal heirs
I.A. 16790/2021 in TEST.CAS. 45/2001 Page 4 of 14
Signature Not Verified
Signed By:MANJEET KAUR
Signing Date:01.02.2022
22:15:25
could be substituted.