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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISC. PETITION NO.65 OF 1998

Mashappa R. Kunchikarve & Ors. ....Petitioners

V/s.

Bharati P. Shah @

Mrs.Bharathi Nawab Rajput

....Respondent

Mr.O.P. Pandey i/b M/s.Pandey & Co. for the

Petitioners.

CORAM : S.J. VAZIFDAR, J.

DATED : 13TH JULY, 2007.

P.C. :

1.

The Petitioners have sought issuance of

heirship certificate under the provisions of the

Bombay Regulation Act, 1827. The Petitioners have

also sought a declaration that the purported heirship

certificate dated 27.11.1995 issued by the Hon’ble

Incharge Principal Judge, City Civil Court, Bombay in

Misc.Petition No.268 of 1995 in favour of the

Respondent is illegal and void and an order

restraining the Respondent from acting on the same.

2.

The Petitioners are nephews of the deceased,

The Respondent, it is alleged, is a stranger to the

family.

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3.

All the procedures and formalities have been

complied with. The proclamation has been issued. No

objections have been received. There is no affidavit

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