1 wp-9219-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9219 of 2011 Smt. Shakuntala Marulshannkar Loni & Ors. .. Petitioners Versus Smt. Suneeta Prabhakar Loni .. Respondents Mr. Padmakant Shah for the Petitioners CORAM : R.M.SAVANT, J. DATE : 7th DECEMBER, 2011 P.C. : 1 The above Petition takes exception to the Order dated 24­09­2009 passed by the Learned Adhoc District Judge, Solapur, by which order, the Civil Misc Appeal No.81 of 2008 came to be partly allowed to the extent that the First Appellate Court directed that the Succession Certificate be issued in favour of the Applicant and non Applicant No.1 for 50% amount each i.e. Rs.33,275.50/­ each. 2 The Applicant i.e. Suneeta Prabhakar Loni and the Non Applicant No.1, the Petitioner herein claimed to be the wives of one Prabhakar Loni who died on 16­5­2008. The said Prabhakar had balance of Rs.66,551/­ in different accounts. It is in respect of the said amount that the succession 2 wp-9219-11 certificate was applied for before the Learned Civil Judge Senior Division, Solapur. The said succession certificate came to be granted to the Applicant by Judgment and Order dated 24­8­2006 and the Court directed that the succession certificate be granted for the amounts mentioned in the operative part of the Order. 3 Aggrieved by the said Order dated 24­8­2006 granting the succession certificate to the Applicant i.e. Suneeta Loni, the Petitioner No. 1 herein filed Civil Misc Appeal No.81 of 2008. The said Appeal came to be partly allowed and the Non Applicant No.1 was directed to be granted succession certificate for 50% i.e. Rs.33,275.50. The sum and substance of the reasons mentioned by the First Appellate Court is that both being Class­I heirs of the said Prabhakar are entitled to the benefit of 50% of the said amount. It appears that during the substance of the marriage with the Petitioner No.1 Shakuntala, the said Prabhakar had married with the Applicant­ Suneeta, though the said fact has not come on record. The impugned order therefore, seeks to balance equities between the two claimants. 3 In the facts and circumstances of the present case, in my view, the Order passed by the First Appellate Court granting the succession certificate to the extent of 50% each to the Applicant and the Non Applicant No.1, cannot be faulted with. 4 The Learned Counsel for the Petitioners sought to contend that the 3 wp-9219-11 Application filed before the Court of the Learned Civil Judge Senior Division was not maintainable in view of Section 372 of the Indian Succession Act, and as such the Application for succession certificate was required to be filed in the Court of the Learned District Judge. No such objection was raised before the Trial Court as well as the First Appellate Court, hence after the decisions have been rendered by both the Courts, in my view, it is not open for the Petitioners to raise such an objection at this stage. In that view of the matter, no case for interference is made out. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)