1 WP 3247/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3247 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Ashok Bhatewara for the petitioner. CORAM : D.G. KARNIK, J. DATE : 20TH JULY 2010 P.C. : 1. Heard. 2. During the pendency of the application for grant of succession certificate filed by the petitioner, the respondent nos.2 to 5 made the payment of the amount for which the succession certificate was given to the respondent no.1 on the basis that respondent no.1 was his wife. The petitioner thereafter made an application before the Court hearing the application for succession certificate for a 2 WP 3247/10 direction to the respondent no.1 to pay the amount back into the Court. The application was rejected. That order is impugned in this petition. 3. Succession certificate only gives an authority to the holder of the succession certificate to recover the debts due to the deceased. If the debtor pays the dues to another heir before grant of succession certificate, the application for succession certificate would become infructuous. For, even if the application for succession certificate was to be granted, there would be no debt recoverable from the debtor. In such circumstances, it would be open to the holder of the succession certificate or as in the present case the person who has applied for succession certificate, to sue the debtor and/or recipient of the money for recovery. The Court hearing the application for succession certificate would have no authority to direct the debtor and/or 3 WP 3247/10 recipient to pay the money back into the Court. This is because the Court hearing the application for succession certificate exercises limited jurisdiction and is not trying any suit for recovery of money between the parties. Consequently, I do not find any error in the order. The writ petition is accordingly rejected summarily. (D.G. KARNIK, J.)