1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13745 OF 2010 IN FIRST APPEAL NO. 675 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. V.S. Bedre, Advocate for the applicant. Mr. K.D.Bade Patil, Advocate for resp.nos. 1 to 3. ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 15/10/2010 PER COURT : 1. This is an application moved by the respondents in Appeal for vacating the interim relief passed by this Court on 22/1/2010. The First Appeal arises out of the succession proceedings, therein the trial Court has aportioned pensionery benefits amongst the contesting parties. The respondents in the succession proceedings being aggrieved by the said Judgment, has approached this court. This Court has admitted the Appeal and granted stay to the Judgment and Order passed by the trial Court. 2. Mr. V.S. Bedre, the learned counsel for the applicant submits that the trial Court on merits has decided the application and has aportioned the 2 amount of pensionery benefits. There is no illegality in the said order. Mr. Bedre further submits that after the decision in the succession proceedings, the present non applicants have filed substantive Suit challenging the Judgment and Order passed in the succession proceedings. According to the learned counsel, once the said substantive Suit is filed, the present Appeal could not have been prosecuted further. Mr. Bedre prays for vacating the order of stay. 3. Mr. Bade Patil, the learned counsel for the non applicants submits that the proceedings for issuance of succession certificate are summary in nature and any decision on the relationship or any other issue does not operate as res-judicata in other proceedings and the substantive Suit is always maintainable. 4. It is settled law that any decision in succession proceedings would not operate as res- judicata in any subsequent proceeding. The Suit would decide the substantive right between the parties. In fact, as the Suit is already filed, even the fate of the First Appeal would be dependent upon the finding in the said Suit. However, the same is yet pending. 5. In view of the fact that the present First Appeal is admitted, the position as on today would be required to be protected. Whether the parties are entitled for the amount as awarded by the trial 3 Court, would be subject matter of decision in Appeal. 6. In light of the same, I am not inclined to consider the prayer for vacating the interim relief. The present Civil Application is accordingly disposed off. 7. However, looking to the controversy, the present non applicant/original appellants are directed to submit the Paper book within the period of 8 weeks from today. Print dispensed with. Libterty to the applicants to move for early hearing after submission of the Paper book. [ S.V. GANGAPURWALA ] JUDGE knp/CA 13745.10 in FA 675.10