1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 375 of 2008 Smt. Kalavati Dnyanoba Thengil & Ors. ... Appellants. V/s. Vatsalabai Dnyanoba Thengil & Ors. ... Respondents. Mr. Ajay A. Joshi for the Appellants. Mr. T.D. Deshmukh for Respondent Nos. 1 and 2. CORAM : J.H. BHATIA, J. DATE : 25th SEPTEMBER 2008 P.C. :- Heard learned Advocate for both the sides. 2. The Appellant No.1, who is Original Defendant No.2 had obtained heirship certificate from the District Court by order dated 27.10.1997 in Civil Misc. Application No. 71 of 1997. That order was challenged in Regular Civil Suit No. 98 of 1997 filed by the Respondent Nos. 1 to 3. That suit was decreed and the heirship certificate was set aside on the ground that it was obtained by fraud as the names of the Plaintiffs/Respondent Nos. 1 to 3 were not disclosed as the legal heirs in 2 that application. The present Appellants preferred the Regular Civil Appeal No.183 of 2003. That appeal was dismissed. Hence, they have filed this Second Appeal. 3. There is a dispute as to whether the present Appellant No.1 Kalavati was the lawfully wedded wife of deceased Dnyanoba or Respondent No.1 Vatsalabai was the lawfully wedded wife of the said person. On that depend, the right of these parties to obtain heirship certificate and also to seek transfer of liquor licence which deceased Dnyanoba holding. After some discussion at the bar and after taking instructions from Respondent No.2 Pruthviraj, who is the son of Respondent No.1 Vatsalabai, the learned Advocate for the Respondents consents, and the learned Advocate for the Appellant agrees that this appeal may be disposed of with liberty to both of the parties to file applications for heirship certificate before the District Judge at Pandharpur, District Solapur, within four weeks. If such applications are filed, they may be heard and disposed of on their own merits and none of the parties shall raise any question of limitation or the question of res-judicata. 3 4. Therefore, with consent of the learned Advocate for both the parties, the appeal stand disposed of without any interference in the order passed by the Civil Court in the suit with following directions :- (i) Vatsalabai and her children shall be at liberty to file fresh application for heirship certificate before the District Judge, Pandharpur, District Solapur. If both the parties file such application,they shall be heard together. (ii) The application shall be heard and disposed of on their own merits after hearing both the parties without being influenced by any order or observations made in the earlier proceedings including in R.C.S.No.98 of 1997 and appeal No.282 of 2002. (iii) None of the parties shall raise any question of limitation or res-judicata in such application. (iv) The District Court shall expedite the hearing and dispose of such applications preferably within one year from the date of filing. The appeal stand disposed of accordingly. 4 (J.H. BHATIA, J.)