1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL REVISION APPLICATION NO.16/2010 Annasaheb Mahadeorao Patil & another ..vs.. Smt. Sarika Sanjay Patil - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.M. Deshpande, advocate for the applicant. CORAM : SMT.VASANTI A.NAIK, J. DATE : APRIL 29, 2010. Heard the learned counsel for the applicant. The respondent had field a petition under section 372 of the Indian Succession Act for grant of succession certificate in respect of proceeds in the saving bank account and the insurance policy. The Civil Judge, Senior Division, Amravati dismissed the petition filed by the respondent on the ground that she had remarried in April 1994 after the death of her husband Sanjay on 17.3.1992. It is not in dispute that the husband of the respondent had died on 17.3.1992 and there was no issue born from the wedlock between the respondent and Sanjay. The father of Sanjay was joined as a party – non applicant to the petition. It was the case of the father of Sanjay that the respondent was not the widow of Sanjay on the date of filing of the petition under section 372 of the Indian Succession Act as she had remarried after his death. The District Judge -3 Amravati, however, by the judgment dated 14.10.2008 allowed the appeal filed by the respondent and issued the succession certificate in favour of the respondent. The appellant – father of Sanjay has filed this civil revision. 2 It is submitted on behalf of the applicant by the learned counsel that the first appellate court committed an error in granting the succession certificate in favour of respondent, when the respondent was not a widow of Sanjay on the date of filing of the petition for grant of succession certificate and she had remarried after his death. On hearing the learned counsel for the applicant and on perusal of the judgment dated 14.10.2009, it appears that the first appellate court did not commit any error in granting a succession certificate in favour of the respondent. The first appellate court rightly relied on the decisions reported in 1992(2) Bombay Cases Reporter Page 70, AIR 1984 SC 346 and AIR 2000 SC 2747 to grant the succession certificate in favour of the respondent. The first appellate court held that the right vested in the respondent on the death of her husband Sanjay can not be extinguished on her remarriage, as the respondent was the only Class I heir. The succession certificate was rightly issued in favour of the respondent. Since the judgment passed by the first appellate court is just and proper the civil revision application is dismissed with no order as to costs. JUDGE smp