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2017 Supreme(Bom) 885

SHALINI PHANSALKAR JOSHI
Devendra s/o Bhalchandra Sapkal – Appellant
Versus
Lata w/o Bhalchandra Sapkal – Respondent


Advocates Appeared:
For the Applicants :Shri U.J. Deshpande, Advocate
For the NON-APPLICANT :Shri V.B. Bhise, Advocate

JUDGMENT :

1. By this revision the legality, validity and propriety of the order passed by the District Judge1, Akola in Regular Civil Appeal No.35/2011 on 03.02.2014 is challenged. By the impugned the learned First Appellate Court has set aside the order passed by Civil Judge, Senior Division, Akola in M.J.C. No.335/2009 on 17.08.2011 rejecting the application for grant of succession certificate in favour of respondent herein and directed to issue succession certificate in the name of present applicants and also in the name of respondent Lata Sapkal.

2. Brief facts of the revision can be stated as follows:

Respondent herein has filed an application under Section 372 of the Indian Succession Act, 1925 for grant of succession certificate in respect of the service benefits and dues of her deceased husband Bhalchandra. According to her, she was married with Bhalchandra on 31.03.2007 and the said marriage was also registered. Deceased Bhalchandra was serving in the Police Department as Assistant Sub-Inspector at the time of his death on 08.07.2009 at Akola. He has left behind the respondent and also the present appellant Nos.1 and 2 who are his sons and applicant No.3, the married daughte


























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