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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.
Delhi High Court - Orders Cites 24 - Cited by 0 - A Menon - Full Document

Jagdish S/O Yugraj Rupareliya vs Chaya Wd/O Mahesh Rupareliya And Others on 27 July, 2022

12. Anita Anant Patil (supra) upon which reliance is placed by Mr. Kasat, learned counsel for the respondents, is on the proposition that consequent to death of a person claiming legal heirship certification, provisions of Order XXII of the C.P.C. would not be applicable, for the reasons that the proceedings under the Bombay Regulations, did not fall within the expression "Suit" and does not consider any provision of the Bombay Regulations and, therefore, would not shed any light on the issue in question.
Bombay High Court Cites 9 - Cited by 0 - A G Gharote - Full Document
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