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2024 Supreme(Online)(Bom) 2034

HIGH COURT OF BOMBAY
MANISH PITALE, J
GITADEVI RAMPRAKASH PODAR – Appellant
Versus
PRAGNESH NARAYAN PODAR – Respondent


Advocates:
Mr. Rajiv Kumar, Senior Advocate a/w. Ms. Sheetal Kumar, Ms. Priyanka Bhandari and Mr. Sanket Dhawan for Petitioner. Mr. Zal Andhyarujina, Senior Advocate a/w. Mr. Prerak A. Sharma, Mr.Chaitanya Mehta, Ms. Sonali Agarwal and Ms. Serena M. Jethmalani i/b. Mr Prerak A. Sharma for Respondent No.1. Mr. Sharan H. Jagtiani, Senior Advocate i/b. Mr. Rohit P. Mahadik for Respondent No.2. Mr. Karl Tamboly a/w. Mr. Nihir U. Dedhia i/b. Rohit P. Mahadik for Respondent No.3.

ORDER :

. By this petition, the petitioner is seeking revocation of legal heirship certificate granted by order dated 11.07.2023, certifying that respondent Nos.1 to 3 are legal heirs of deceased Narayan Podar. It is the case of the petitioner that the respondents herein, who had filed the petition for grant of legal heirship certificate, suppressed vital information from this Court, thereby obtaining dispensation of proclamation while pursuing their petition for grant of legal heirship certificate.

2. The petitioner claims to be the biological mother of the deceased Narayan Podar. On that basis, she claims to be one of the legal heirs of Narayan Podar and hence entitled to 1/4th share in his estate. The petitioner refers to and relies upon a suit bearing Suit (L) No.15592 of 2023, wherein she has sought a declaration that the deceased Narayan Podar was her son from her husband Ramprakash Podar. She has denied the alleged adoption of deceased Narayan Podar by Tejpal Podar i.e. the brother of her husband and she has further sought declaration with regard to her 1/4th share in the estate of the deceased Narayan. The petitioner has arrayed the respondents herein as defendant Nos.1 to 3

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