Bhanudas Tulshiram Dalvi And ... vs Vishnu Tulshiram Dalvi And Others
2023 Latest Caselaw 11107 Bom

2023:BHC-AUG:23552

                                                   1                             42-CRA-97-23.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 CIVIL REVISION APPLICATION NO.97 OF 2023

                1.      Bhanudas s/o. Tulshiram Dalvi,
                        Age 65 years, Occu. Agri.,
                2.      Dnyanoba s/o. Tulshiram Dalvi,
                        Age 61 years, Occu. Agri.,
                3.      Eknath s/o. Tulshiram Dalvi,
                        Age 56 years, Occu. Agri.,
                        All R/o. Bundelpura Near Old Police
                        Station, Kadba Galli, Beed,
                        Taluka and District Beed                      ..      Applicants
                                                                           (Original Respondents)
                                 Versus

                1.      Vishnu s/o. Tulshiram Dalvi,
                        Age 62 years, Occu. Labourer
                2.      Devubai w/o. Chagan Dalvi,
                        Age 65 years, Occu. Agri.,
                3.      Shivaji s/o. Tulshiram Dalvi,
                        Age 61 years, Occu. Labourer,
                        All R/o. Bundelpura Near Old Police
                        Station, Kadba Galli, Beed,
                        Taluka and District Beed                      ..      Respondents
                                                          (Respondent No.1/original applicant
                                                           and Respondents No.2 and 3/
                                                           original Respondents No.4 and 5)


                Mr. N. L. Jadhav, Advocate for Applicants

                                                       CORAM :        S. G. MEHARE, J.

                                                       DATE       : 30-10-2023

                PER COURT :-

1. Heard the learned counsel for the appellants.

2. The appellants approached this Court against the order of

the learned trial Court and the first Appellate Court, cancelling the

succession certificate obtained by them fraudulently.

2 42-CRA-97-23.odt

3. The opening argument of the learned counsel for the

applicants before this Court were that same Court has no power to

revoke the succession certificate. This legal aspect has not been

considered by the learned first Appellate Court. The appeal is

without jurisdiction, hence, the impugned orders are void ab-initio.

4. On facts, both Courts have recorded the findings that the

present applicants have obtained the succession certificate from

the Court by concealing the material fact, and accordingly, they

have revoked the order issuing the succession certificate.

5. Section 384 of the Indian Succession Act, 1925 provides for

revocation of a succession certificate under this Part by the same

Court, if it has been obtained fraudulently by making a false

suggestion or concealment from the Court somethings material to

the case.

6. In view of the above provision, there appears no substance

in the arguments of the learned counsel for the applicants that the

same Court granting succession certificate has no power to revoke

the certificate. There is nothing wrong in the impugned judgments

and orders of the learned trial Court and first Appellate Court.

7. Hence, the civil revision application is dismissed at the

admission stage without notice to the respondent.

( S. G. MEHARE ) JUDGE rrd