1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.27/2010. (Kalpana Vasantrao Raibole Vs. Gautam s/o Navnath Kamble) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.RB Deshmukh, Adv. Revision petitioner; Sole respondent served. *** CORAM : K.U.CHANDIWAL ,J. DATE : 16 th November, 2010. ... 1) Heard. 2) Issuance of heirship certificate in the name of revision petitioner – Smt. Kalpana by the learned Joint Civil Judge, Senior Division, Latur dated 30th September, 2008, was questioned by respondent – Gautam before the learned District Judge. The learned District Judge allowed the appeal by order dated 18.8.2009, holding that since the matter revolves to disputed questions of rights between the parties and it cannot be ascertained in summary inquiry and consequently allowed the appeal moved by the respondent, thereby denied issuance of heirship certificate to present applicant-Kalpana. 3) Though status of respondent – Gautam to 2 be husband of Sanghmitra is disputed, however, considering the very nature of controversy concerning the suit shop, as is indicated in paragraph 14 by the learned CJSD, it is vivid that the fair price shop was in the name of Irappa Vasant Raibole, grandfather of Smt. Kalpana and deceased Sanghmitra. After death of Irappa, by virtue of Schedule-I of the Hindu Succession Act, the applicant – Kalpana and deceased Sanghmitra succeeded for succession to stake right in the fair price shop. It is thus clear they had equal share in the property. In the light of provisions of Section 15 of Hindu Succession Act, 1956, since the property was Irappa Raibole, it will certainly not devolve upon respondent – Gautam though branding himself to be husband of Sanghmitra. 4) In this view of the matter, issuance of heirship certificate in favour of the present applicant – Kalpana was in tune and in the frame of legal scheme. The learned Appellate court certainly erred in observing that it involves mixed questions and disputes as to title of the property. 5) Civil Revision Application allowed. Judgment of the lower appellate Court is set aside while that of the learned CJSD, issuing heirship certificate to 3 the present revision petitioner is confirmed. 6) No costs. (K.U.CHANDIWAL) JUDGE bdv/