YASHODA SAMBHAJI SAWANT Vs. SAVITRA SAMBHAJI SAWANT

JUDGEMENT

(1.) Notices issued to the sole Respondent is awaited. However, by my order dated 2/9/2011 I had called upon the learned Advocate for the Appellant to address the Court as to whether the Second Appeal would lie or not. Accordingly, arguments have been advanced by the learned Counsel for the Appellant on that issue.

(2.) The original proceedings namely Civil Misc. Application No. 62 of 2001 was filed by the Respondent in the Court of learned C.J.S.D. Satara under section 373 and 383 of the Indian Succession Act, 1925. Part 10 of the said Act containing Section 370 to 390 deal with succession certificate. Section 373 deals with the procedure to deal with an application for grant of succession certificate. Section 383 provides for filing of an application to revoke succession certificate. Section 384 and 388 read thus :

(3.) In the present case Application was heard by the learned C.J.S.D. Satara who had been vested with the powers of the District Judge under section 388(1) and against the said decision in Civil Mis. Application No. 62 of 2001, the original Applicant filed Regular Civil Appeal No. 164 of 2004 which has been allowed by the impugned Judgment and Decree dated 9 th July, 2010 by the learned Extra Joint Ad hoc District Judge, Satara.