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2021 Supreme(Bom) 640

R.G.AVACHAT
Sharad Dajisaheb Jawalkar – Appellant
Versus
Meerabai Prabhakar Joshi – Respondent


Advocates appeared:
Mr.Prasad B. Vaidya, Advocate H/F. Mr.S.S.Kulkarni, Advocate, for the Appellant / Mr.V.M.Chate, Advocate, for the Respondent.

JUDGMENT

1. Heard.

2. Rule. Rule is made returnable forthwith. With the consent of learned counsel for the parties, the petition is heard finally.

3. The challenge in this Writ Petition is to the order dated 30.06.2020 passed by the Court of Civil Judge, Senior Division, Ambajogai, below application (Exh.61) in Misc. Civil Application No.150 of 2015. By the impugned order, the application preferred by the petitioner/objector for deleting the name of Smt.Geetanjali Prabhakar Joshi from the array of the application, came to be rejected.

4. The facts, necessary to decide present Writ Petition, are as follows:-

One Prabhakar Dattatray Joshi died on 09.06.2013. Smt.Meerabai and Smt.Prabhadevi (deceased) claimed to be widows of deceased - Prabakar. Both Smt. Meerabai and Smt.Prabhadevi, therefore, preferred an application for grant of heirship certificate under Bombay Regulation Act, 1827. It appears that the petitioner herein appeared in the said proceedings/application and raised objection. According to him, deceased - Prabhakar executed a will in his favour. Pending the application, Prabhavati passed away. Smt. Geetanjali Prabhakar Joshi (respondent no.2 herein) preferred an application to

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