bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1757 OF 2008 PETITION NO. 1757 OF 2008 PETITION NO. 1757 OF 2008 Prakash Chandru Chablani & anr. ... Petitioners v/s The State of Maharashtra ... Respondents Mr.Dinesh Chamboowala i/by Anil T. Agarwal for the petitioners. Mr.S.D.Rayrikar, A.P.P. for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 28TH MARCH, 2008. 28TH MARCH, 2008. 28TH MARCH, 2008. P.C. P.C. P.C.: 1. The petitioners challenge the orders passed by the Civil Judge, Sr.Divn., Pune dated 21.6.2007 and 9.8.2007. An application was filed for succession certificate being Succession Certificate No.94 of 2007. The petitioners claim to be the legal heirs of Chandru Tilumal Chablani and have, therefore, filed proceedings for obtaining succession certificate. The petitioners claim that they are not aware of the contents of the bank locker which was in the name of their deceased father and, therefore, sought appointment of the Court Receiver to take an inventory of the locker and submit the report to the Trial Court. This was required to be 2 done since the petitioners are unaware of the contents of the locker and the value of their articles in the locker. On this basis, the petitioners have challenged the impugned order in order to obtain the succession certificate. 2. The Trial Court has erred in holding that the Court Commissioner cannot be appointed and could be appointed only in a civil suit. The Trial Court has refused the permission for appointment of the Court Commissioner as Order 26 Rule 9 permits the Court Commissioner to be appointed only in a civil suit. However, this order has been passed ignoring Section 141 of the Civil Procedure Code which stipulates that the procedure provided in the Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. There will be no doubt that the proceedings to obtain a succession certificate would constitute such miscellaneous proceedings as are mentioned in Section 141 of the Civil Procedure Code. Besides this, the Court in which the application is made, is of civil jurisdiction. Therefore, the Trial Court was vested with the powers to appoint a Court Commissioner under Section 141 of the Civil Procedure Code. 3 3. The impugned orders are set aside. The petition is allowed. 4. The application at Exh.11 before the Trial Court is allowed. The Trial Court shall appoint an appropriate person as a Court Commissioner to take inventory of the locker No.A-102 in Indusing Bank, Camp Branch, Pune. The Court Commissioner be directed to submit his report to the Trial Court of the inventory of the bank locker within a period of four weeks after he is named as Court Commissioner. 5. Petition disposed of accordingly. (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)