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2010 Supreme(Bom) 969

D.G.KARNIK
Group Grampanchayat, Sasavane – Appellant
Versus
Sunanda Shamrao Bandishti – Respondent


Advocates appeared:
Mr.R.M.More i/b Uday Warunjikar for the petitioner.
Mr.Vaibhav Sugdare with Vikash Kumar i/b A.T.Agarwal for the respondents.

Judgment

ORAL JUDGMENT

Rule, returnable forthwith. By consent of the parties, taken up for hearing.

2. By this petition, the petitioner challenges the order dated 6 January 2010 passed by the learned Civil Judge, Sr.Division, Baramati allowing the application of the respondents for amendment.

3. Learned counsel for the respondent raises a preliminary objection for maintainability of the writ petition at the instance of the petitioner on the ground that petitioner is not a "person aggrieved" by the impugned order and writ petition at his instance should not be entertained. For deciding the preliminary objection, it is necessary to refer a few facts which is mentioned below.

4. The Respondents filed an application under the Bombay Regulation VIII of 1827 for an heirship certificate as heirs of late Radhabai Damodar Joshi/ Bhatt/ Tisgaonkar/ Newaskar. Radhabai died on 1 January 1990 leaving behind her certain movable and immovable properties including Gat No.145 (Old survey no.46/1). Since the present petitioner i.e. Group Grampanchayat Sasavane, was not willing to recognise the respondents to be the heirs of Radhabai, the petitioner applied to the court of Civil Judge, Sr.Division, B




















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