Raghunath Vitthal Badgujar vs Lata Bhika Badgujar And Ors
2023 Latest Caselaw 8615 Bom

2023:BHC-AUG:18212
                                                  1              965-CRA.74-23, oral jud.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                CIVIL REVISION APPLICATION NO.74 OF 2023

                     Raghunath Vitthal Badgujar,
                     Age : 55 years, Occu : Agri.,
                     R/o Sonshelu Post Methi,
                     Tq. Sindkheda, District Dhule.                 ... Applicant.

                                    Versus

                     1.      Lata Bhika Badgujar,
                             Age : 55 years, Occu. HH,

                     2.      Vijay Bhika Badgujar,
                             Age : 35 years, Occu. Service,

                     3.      Kanchan Bhika Badgujar,
                             Age : 33 years, Occu. Nil,

                     4.      Mahendra Bhika Badgujar,
                             Age : 33 years, Occu. Education,

                             All R/o Flat No.5, Plot No.94,
                             Shriganesh Apartment, Sector No.6,
                             Sant Nagar, Moshi Pradhikaran,
                             Tq. Haveli, District Pune.

                     5.      Executive Engineer,
                             Kukadi Plant Land Development Department,
                             Ahmednagar.

                     6.      Ananda Raghunath Badgujar,
                             Age : 36 years, Occu. Nil,
                             R/o Sonshelu,
                             Tq. Sindkheda, District Dhule.         ... Respondents.

                                                      ...
                          Advocate for Applicant : Mr. Vivek Vasantrao Bhavthankar.
                           Advocate for Respondent No.2 : Mr. Ajay T. Kanawade.
                                                      ...




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                                   2             965-CRA.74-23, oral jud.odt


                                CORAM :     S. G. MEHARE, J.

                                DATE :      23.08.2023

     ORAL JUDGMENT :-

1. Rule. Rule made returnable forthwith and heard finally

by consent of the parties.

2. The present applicant is the brother of the husband of

respondent No.1 Lata. Her husband was serving in Irrigation

Department. He and his legal heirs, the wife, sons and

daughter were residing at Ahmednagar for sufficient time. He

died at Ahmednagar. After the death of Bhika, his legal heirs

i.e. respondent Nos.2 to 4 had filed an application for

succession certificate. The present applicant had raised the

objection on two grounds. Firstly, on the territorial jurisdiction

of the Ahmednagar Court and secondly that he was the

nominee in the service record of his deceased brother. Hence,

he had right to claim his service benefits. Both Courts rejected

the objection and granted the succession certificate in favour of

the respondents.

3. Nominee is not the legal heir and has a right to claim the

share in the property or service benefit of the deceased.

Secondly, the deceased along with his family were residing at

Ahmednagar and he died at Ahmednagar. Hence, the

3 965-CRA.74-23, oral jud.odt

Ahmednagar Court has the territorial jurisdiction. In view of

the facts and law, the Court is of the opinion that none of the

Courts have acted in exercise of their jurisdiction illegally or

with material irregularity. Hence, the civil revision application

stands dismissed.

4. Cost of Rs.10,000/- be paid to respondent Nos.1 to 4

within two (2) months from today. If he would not pay the

amount directly to respondent Nos.1 to 4, they shall be at

liberty to file a contempt petition before the Trial Court.

5. Rule stands discharged.

(S. G. MEHARE, J.)

...

vmk/-