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2021 Supreme(Bom) 1100

S.M.MODAK
Sushilkumar – Appellant
Versus
Umeshkumar – Respondent


Advocates appeared:
A. C. Dharmadhikari, Advocate, Ruksar Parveen Sheikh, Advocate, Anil Kumar, Advocate, Anita Mategaonkar, Advocate, B. N. Mohata, Advocate

JUDGMENT

S.M. Modak, J. - Heard finally by consent of learned advocate appearing for the parties.

2. Admit.

3. The Court of 4th Joint Civil Judge, Senior Division, Nagpur, as per the judgment dated 25/07/2019 was pleased to dismiss the application of present appellants. It was for grant of Succession Certificate/Letter of Administration/Heirship Certificate. On reading the order, what this Court find is that the trial Court was too much technical in deciding the matter. In respect of certain points, the trial Court has taken rigid view whereas in respect of certain points the trial Court interpreted the law incorrectly.

4. I have heard learned advocate Shri A.C. Dharmadhikari for the Appellants, Shri Piyush Shukla, learned Advocate for the Respondent No. 2, Ms. Ruksar Parveen Sheikh, Advocate h/f Shri Anil Kumar, learned Advocate for Respondent No. 4, Mrs. Anita Mategaonkar, learned Advocate for Respondent No. 5 and Shri B.N. Mohata, Advocate for Respondent No. 6. The Respondent No. 3 though served has chosen to remain absent. The appellants have filed the pleadings, documents and evidence as per the Pursis dated 21.09.2020. The appeal was heard on that basis, by consent of both sid

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