SMT. UMABAI DATTU BHOIR(DECEASED) THR. LRS. INDIRA ANANT THAKUR AND OTHERS vs MALATI KISAN BHAGAT AND ANOTHER

Judgment text excerpt

21-AO-166-2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY rrpillai CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 166 OF 2023 WITH INTERIM APPLICATION NO. 2099 OF 2023 1. Smt. Umabai Dattu Bhoir (Since deceased through legal heirs Applicant no. 2, 3 and 4) 2.. Indira Anant Thakur Age : 55 yrs, Occu : Housewife R/o. Tembhode, Taluka – Panvel District – Raigad, Pincode : 401405 3. Manda Pandurang Bhoir Age : 50 yrs, Occupation – Housewife R/at : Dahisar Mori, District Thane … Appellants Pincode : 400 612 (Original Defendants) Versus 1. Malati Kisan Bhagt Age : 55 Years, Occu : Housewife R/at – Kalyan, Koliwada District - Thane 2. Hirabai Gajanan Bhagat Age – 50 years, Occu : Housewife R/at: Panvel, Koliwada, District – Raigad … Respondents Pincode - 415501 [Org. Plaintiffs] 1/12 21-AO-166-2023.docx Mr. Drupad S. Patil a/w. Mr. Prasad Keluskar for the Appellants. None for the Respondents. CORAM : GAURI GODSE, J. DATE : 29th APRIL 2025 JUDGMENT : 1. In view of the order dated 1 st April 2024, this appeal is heard for final disposal. Heard learned counsel for the appellants. Though served, none appeared for the respondents. 2. The trial court rejected the plaint under clause (d) of Rule 11 of Order VII of the Code of Civil Procedure, 1908 [“CPC”]. However, the appellate court reversed the trial court’s order and restored the suit to its original position by setting aside the order of rejection. Hence, this appeal by the original defendants. 3. The appellants had filed an application under the Bombay Regulation VIII of 1827 [“Bombay Regulation”] for the grant of an heirship certificate. The respondents were not party to the proceedings initiated by the appellants. By order dated 21 st August 2018, the appellants’ application was allowed, and it was declared that the a