Balwant Kour Shankarsingh GadiwaleversusState of Maharashtra

2026:BHC-AUG:45865
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                911 WRIT PETITION NO. 13050 OF 2026
                           Balwant Kour Shankarsingh Gadiwale & Ors.
                                            VERSUS
                          The State of Maharashtra Thr. the office of G.P.
                                                ...
             Mr.Sagar Subhash Varma for the Petitioners.
             Ms.Deepali Jape, AGP for the Respondent/State.
                                                ...
                                 CORAM         : MANJUSHA DESHPANDE, J.
                                     DATE           : 29.09.2026

             PER COURT :

             1.              The Petitioners are before this Court being aggrieved by

             order dated 21st April, 2026, passed by Civil Judge Senior Division,

             Nanded. An application was moved by the Petitioners contending that

             they had filed an application for issuance of heirship certificate, which

             was allowed by the Civil Judge Senior Division, Nanded, by order dated

             6th May, 2022. While allowing the application, the Petitioners were

             declared as heirs of one Shankarsingh Gopalsingh Gadiwale, and they

             were directed to furnish the details of the properties and their valuation

             to the Court, so as to quantify the Court fees to be determined for

             issuance of the heirship certificate. It is submitted that, inadvertently, the

             Petitioners have deposited an amount of Rs.265, upon which the heirship

             certificate has been issued to the Petitioners. But upon realizing that it

             does not contain necessary details of the properties, for which the

             Petitioners are declared as legal heirs. The Petitioners have come up with

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an application that was preferred before the same Court, i.e., the learned

Civil Judge Senior Division, Nanded, bringing it to the notice of the

learned Judge, that in fact they were supposed to furnish the details of

the property alongwith valuation for quantification of the Court fees,

which was not done, and inadvertantly only Court fees has been

deposited the necessary compliance for issuance of heirship certificate

was not done at their end. Therefore a fresh heirship certificate needs to

be issued in their favour, with necessary details. This application filed by

the Petitioners has been rejected by the learned Civil Judge Senior

Division, Nanded vide order dated 21st April, 2026.

2.            The learned Advocate for the Petitioners submits that in fact

the learned Civil Judge Senior Division, Nanded in exercise of powers

under Section 151 of the Code of Civil Procedure, could have passed

appropriate orders, however, he has failed to exercise his powers under

Section 151 of the CPC. As a result of which, the prejudice has been

caused to the Petitioners, since the heirship certificate issued by the Court

does not contain the necessary details.

3.            After going through the documents placed on record,

admittedly, the earlier order directed the Petitioners to furnish the details

of the properties along with its valuation and upon furnishing such

details, the heirship certificate was supposed to be issued. It appears that,

inadvertently, the Registry of the District Court issued the heirship

certificate without verifying whether the necessary compliance of the
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order passed by the learned Civil Judge, Senior Division, Nanded, had

been made. Without verifying such compliance, the heirship certificate

came to be issued as a ministerial act by the Registry.

4.            In my view, the grievance of the Petitioners needs to be

redressed by invoking the powers under Section 151 of the CPC, in the

interest of justice. In the result, the Writ Petition is allowed.

5.            The impugned order dated 21st April, 2026 passed by the

learned Civil Judge Senior Division, Nanded in Civil Misc. Applicationn

No.1533 of 2021 below Exhibit-43, to the extent it rejects the Petitioners

request for compliance with the operative directions contain in order

dated 6th May, 2022, is set aside the Petitioners to surrender the heirship

certificate issued to them and the learned Civil Judge Senior Division,

Nanded is directed to issue fresh heirship certificate after accepting the

details of the properties standing in the name of Shankarsingh

Gopalsingh Gadiwale, alongwith its valuation certificate and by accepting

the appropriate Court fees on the valuation payable on the value of the

said properties. After making the necessary compliance, a fresh heirship

certificate shall be issued on such terms and conditions as may be

deemed fit.

6.            With the aforementioned directions, the Writ Petition stands

disposed off.


                                             [ MANJUSHA DESHPANDE, J. ]


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