1 SA365/09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

SECOND APPEAL NO. 365 OF 2009

Sardarbee w/o Abdul Razzak Shaikh, Aged 68 years, Occupation

Household, Resident of Datta Nagar, Nilanga, Taluka Nilanga,

District Latur

Appellant

V E R S U S

Najmunnisa w/o Abdul Razzak Shaikh, Aged 65 years, Occupation

Household, Resident of Osmanabad, At present CISF Quarters,

Vashi (New), Mumbai

Respondent

Smt. A.N. Ansari, Advocate for the appellant

Shri S.A.G. Qureshi, Advocate for the respondent

CORAM : A.V. NIRGUDE, J.

DATED : 22^nd August, 2011

ORAL JUDGMENT

1.

Heard.

2.

At the time of admission of this appeal, following substantial

questions of law was noticed :

i.

Whether the suit as filed is maintainable in law

when alternate efficacious remedy is provided for

revocation/cancellation of the Succession Certificate

under the Indian Succession Act ?

ii.

Whether the Civil Court has right to cancel

Succession Certificate partially as prayed ?

3.

The facts leading to this litigation, in sh