Bombay High Court
Ashok Sukhdev Rajnwan And Others vs The State Of Maharashtra And ... on 25 July, 2017
Bench: S.P. Deshmukh
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9210 OF 2017
1. Ashok Sukhdev Rajnwan PETITIONERS
Age - 35 years, Occ - Agriculture
R/o Kalyannagar Majalgaon,
Taluka - Majalgaon, District - Beed
2. Chhaya Shriram Deshmukh
Age - 35 years, Occ - Household
R/o Jaybhavani Colony, Aurangabad
Taluka and District - Aurangabad
3. Satyabhama w/o Sukhdev Rajnwan,
Age - 53 years, Occ - Household
R/o Kalyanagar, Majalgaon,
Taluka and District - Majalgaon
VERSUS
1. The State of Maharashtra RESPONDENTS
Through District Collector, Beed,
2. The Tahsildar Majalgaon,
Taluka - Majalgaon, District - Beed
3. Rukhminbai w/o Sukhdev Ranjanvan
Age - 65 years, Occ - Household
R/o Hanuman Chok, Old Bazar Road,
Majalgaon, Taluka - Majalgaon
District - Beed
4. Kalidas Sukhdev Ranjanvan,
Age - 33 years, Occ - Household
R/o Hanuman Chowk Old Bazar Road,
Majalgaon, Taluka - Majalgaon,
District - Beed
5. Asha Ramesh Solanke,
Age - 45 years, Occ - Household
R/o Gajanan Road, Majalgaon,
Taluka - Majalgaon, District - Beed
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6. Usha Sudam Solanke,
Age - 42 years, Occ - Household
R/o Amala, Taluka - Dharuar,
District - Beed
7. Meera Sopan Kaharat,
Age - 41 years, Occ - Household
R/o Mangrul, Taluka - Ghansangvi,
District - Jalna
8. Sangita Subhash Game,
Age - 39 years, Occ - Household
R/o Shivaji Nagar,
Dr. Nayar Hospital, Parbhani
Taluka and District - Parbhani
9. Shala Prashant Shinde,
Age - 42 years, Occ - Household
R/o Adashra Colony, Ambajogai
Taluka - Ambajogai, District - Beed
.......
Mr. Santosh C. Bhosale, Advocate for the petitioners
Mr. Y. G. Gujrathi, AGP for respondent - State
.......
[CORAM : SUNIL P. DESHMUKH, J.]
DATE : 25th JULY, 2017
ORAL JUDGMENT :
1. Heard learned advocates for appearing parties.
2. Petitioners are before this court against order dated 1 st
April, 2017 upon an application Exhibit-39 in Regular Civil Suit
No. 377 of 2014 pending before Civil Judge, Senior Division,
Majalgaon. Regular Civil Suit No. 377 of 2014 has been filed by
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the petitioners - plaintiffs for declaration that plaintiffs are legal
heirs of deceased Sukhdev contending plaintiff No. 3 to be first
wife of deceased Sukhdev, whereas defendant No. 3 to be his
second wife.
3. The suit has been filed in the backdrop of their request
being declined under Miscellaneous Civil Application No. 4 of
2011 seeking heirship certificate directing them to take recourse
to competent authority.
4. Accordingly, the suit has been filed for declaration and to
record their names as legal heirs of deceased Sukhdev in respect
of suit properties.
5. It emerges that defendants have disputed that plaintiff No.
3 happened to be first wife of deceased Sukhdev.
6. Application Exhibit-39, interestingly, has been for DNA test
of plaintiffs No. 1 & 2 and defendants No. 4 to 9. Admittedly,
Sukhdev, who is claimed to be father of parties, is not alive. Trial
court has observed that in the face of such situation no purpose
is likely to be served by calling DNA test report of plaintiffs No. 1
& 2 and defendants No. 4 to 9 and as such, application Exhibit-
39 has been rejected.
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7. The reasons appearing in the impugned order are
immaculate and perfect. As such, writ petition does not deserve
any indulgence.
8. Writ petition, accordingly, stands dismissed with no order
as to costs.
[SUNIL P. DESHMUKH, J.]
drp/wp9210-17
