Shri. Deepak Vasanta Ughade And ... vs Smt. Sitabai Wd/O.O Nathhuji ...
2016 Latest Caselaw 3624 Bom

    920-J-WP-4287-15                                                                          1/4


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                      
                           NAGPUR BENCH, NAGPUR.

                              WRIT PETITION NO.4287 OF 2015




                                                              
    1.  Deepak Vasanta Ughade
         Aged about 31 years, Occ. Private. 




                                                             
    2.  Vasanta Laxman Ughade
         Aged about 64 years, Occ. Private Job 




                                                 
    3.  Pankaj Pandurang Ughade
         Aged about 35 years, Occ. Private Job 

         Dist. Nagpur. 
                                     
         All R/o at Post Kerdi, Tah. Parseoni, 
                                                                 ...  Petitioners. 
                                    
    -vs-

    1.  Sitabai wd/o Nathhuji Thakare
         Aged Major, Occ. Pvt. Work, 
         R/o Quarter No.156/4, Chankapur 
             


         Colony, Post-Sillewara, 
         Tah. Saoner, Dist. Nagpur. 
          



    2.  The Sub-Area Manager,
         Western Coal Fields Ltd., 
         Sillewara Colliery, Tah. Saoner, 





         Dist. Nagpur.                                           ... Respondents. 


    Shri N. G. Jetha, Advocate for petitioners. 
    Respondents served.  





                                                  CORAM  : A.S.CHANDURKAR, J. 

DATE : July 07, 2016

Oral Judgment :

As the notice for final disposal has been served on the

respondents, the writ petition is heard finally by issuing Rule and making the

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same returnable forthwith.

The petitioners are aggrieved by the order dated 11/12/2013 in

Succession Case No.74 of 2012 whereby a succession certificate has been

directed to be issued in favour of the respondent No.1. The respondent No.1

had filed an application under Section 372 of the Indian Succession Act,

1925 (for short, the said Act) for grant of succession certificate. It was her

case that one Ramesh Laxman Ughade was employed as General Mazdoor

with the respondent No.2. He expired on 02/05/1992. His widow, Jijabai

was thereafter given compassionate appointment in place of her husband.

Said Jijabai expired on 21/09/2011. According to the respondent No.1,

Jijabai had a son Ganesh and a daughter Kalpana but both had expired. The

respondent No.1 as mother of Jijabai claimed to be the only legal heir of said

Jijabai and hence filed the aforesaid proceedings claiming all service benefits

which were to be received by said Jijabai. By order dated 11/12/2013, the

civil Court directed issuance of succession certificate in favour of the

respondent No.1.

2. In the meanwhile, the petitioners claiming to be the legal heirs of

Ramesh Ughade filed separate proceedings for grant of legal heirship

certificate. In these proceedings after due publication of a public notice, the

civil Court by order dated 09/01/2014 held the petitioners entitled to be

issued heirship certificate under Rule 3 of Chapter-1 of the Bombay

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Regulation Act, 1827.

3. Shri N. G. Jetha, the learned counsel for the petitioners submitted

that the petitioners were not joined as party in the proceedings for issuance

of succession certificate that were filed by the respondent No.1. It was

submitted that despite knowledge that the petitioners as legal heirs of

Ramesh Ughade had an interest in service benefits of Jijabai Ughade, they

had not been impleaded in the said proceedings. He further submitted that

the respondent No.1 had no concern whatsoever with Jijabai Ughade and

therefore the impugned order is liable to be set aside.

The respondents though served have not chosen to contest the

proceedings.

4. I have perused the documents filed on record. In the proceedings

filed by the respondent No.1 it was pleaded that the respondent No.1 had an

interest in the estate of Jijabai Ughade. The present petitioners also claim to

be the legal heirs of Ramesh Ughade. The reason for initiating said

proceedings by the respondent No.1 was for entitlement to receive the

service benefits of late Jijabai Ughade. Considering the fact that on

09/01/2014 an order came to be passed in favour of the petitioners granting

them heirship certificate, it can be seen that they have made out a case to

challenge the issuance of succession certificate in favour of the respondent

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No.1. Though it is true that the petitioners had not responded to the public

notice that was issued in said proceedings, I find that as the dispute pertains

to the entitlement to service benefits of Jijabai Ughade, it would be necessary

to direct reconsideration of Succession Case No.74 of 2012 by permitting the

petitioners to participate in the same. The issues involved therein can be

appropriately resolved in said proceedings.

5.

In view of aforesaid, the following order is passed :

i) The order dated 11/12/2013 passed in Succession Case No.74 of

2012 is quashed and set aside.

ii) The proceedings in Succession Case No.74 of 2012 are restored for

being decided on merits. The petitioners shall be impleaded as

non-applicants in the said proceedings after which the trial Court

shall adjudicate said proceedings in acceptance with law.

Notwithstanting issuance of heirship certificate in favour of the

petitioners, the succession case shall be decided on its own merits.

iii) Rule is made absolute in aforesaid terms with no order as to costs.

JUDGE

Asmita