Bombay High Court
Shyamlal Hariram chandnani and 1versusRENU MOHAN CHANDNANI
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the substantive dispute should be decided in the pending appeal and therefore disposed of the writ petition without adjudicating the merits.
Summary
The petitioners challenged a June 29, 2026 order that modified an heirship certificate, seeking its revocation on the ground that the deceased's mother was alive when succession opened and the certificate was obtained by suppression of facts. The Civil Judge had earlier issued the certificate in May 2022 and later reduced the respondents' share to two‑thirds of the property. The High Court noted that the respondents have filed an appeal against the modification and that the substantive rights and liabilities can be resolved in that appeal. Consequently, the Court directed the petitioners to pursue appropriate relief in the pending appeal and disposed of the writ petition without deciding the merits. All contentions remain open for determination in the appeal.
Issues considered
- Whether the heirship certificate can be revoked on the basis that the mother of the deceased was alive at the time of succession and the certificate was obtained by suppression of facts.
- Whether the writ petition is maintainable and can be decided when a pending appeal against the modification of the heirship certificate exists.
Subjects
- heirship certificate
- succession
- writ petition
- civil court
- modification
- appeal
- revocation
- interim relief
Judgment
2026:BHC-AS:40417
43 wp 12057 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12057 OF 2026
Shyamlal Hariram Chandnani and Anr. ... Petitioners
versus
Renu Mohan Chandnani and Ors. … Respondents
Mr. Dhishan Kukreja with Ms. Snehal Patel, Ms. Chandni Sabnani i/by Mr.
Suraj Dube, for Petitioners.
Mr. Sanjay Dherinani, for Respondent Nos.1 and 2.
CORAM: N.J.JAMADAR, J.
DATE : 5 OCTOBER 2026
P.C.
1. Heard the learned Counsel for the parties.
2. The challenge in this Petition is to an order dated 29 June 2026 passed
by the learned Civil Judge, Senior Division, Thane, in Civil Misc. Application
No.1595 of 2022 whereby the earlier order dated 4 May 2022 passed in
M.A.No.1562 of 2021 granting heirship certificate, came to be modified.
3. The Petitioners prayed for the revocation of the heirship certificate on
the premise that, the mother of the deceased Mohan was alive when the
succession opened, and, thus, the heirship certificate was obtained by the
Respondents by suppression of facts. The learned Civil Judge has modified
the heirship certificate so as to restrict it to 2/3 share of the properties of the
deceased Mohan.
4. The Court is informed that an appeal is preferred by the Respondents
SSP 1/2
43 wp 12057 of 2026.doc
herein, against the impugned order dated 29 June 2026. In the said appeal,
the Petitioners have appeared and the appeal is listed before the District
Court on 7 October 2026.
5. In the aforesaid view of the matter, rights and liabilities of the parties
can be effectively worked out in the appeal preferred by the Respondents, in
which the Petitioners have appeared.
6. The Petitioners herein are at liberty to file appropriate proceeding,
including for grant of interim relief, in the said appeal to the extent the trial
Court has refused to revoke the heirship certificate.
7. Subject to the aforesaid clarification, the Writ Petition stands disposed.
8. All contentions of all the parties are kept open.
( N.J.JAMADAR, J. )
SSP 2/2
Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 06/10/2026 11:40:32
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