LAWS(BOM)-2011-11-15

DNYANOBA DAGADU HARPALE Vs. MAYA BABAN HARPALE

Decided On November 25, 2011
DNYANOBA DAGADU HARPALE Appellant
V/S
MAYA BABAN HARPALE Respondents

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The writ jurisdiction of this Court is invoked against the judgment and order dated 09/08/2010 passed by the 6th Joint Civil Judge, Senior Division by which order the application filed by the Respondents herein for grant of Heirship Certificate came to be allowed.

(3.) The Respondent No. 1 herein claims to be the legally wedded wife of one Baban Dagadu Harpale. The Respondent No. 1, aggrieved by the fact that after the death of said Baban Harpale, the lands were entered in the name of his brother Dnyoba Dagadu Harpale i. e. the Petitioner herein, filed a suit being Regular Civil Suit No. 4184 of 2000 for a declaration that she is the legally wedded wife of the said Baban Harpale and claiming partition of the properties on the said basis. In the said suit, the parties went to trial and ultimately the said suit came to be dismissed on 18/7/2003.