IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4910 OF 2024 WITH CIVIL APPLICATION NO. 8030 OF 2024 Shakeel Ahmed Mohd Riyaz Saudagar VERSUS Gaus Rahimsab Qureshi Alias Saudagar And Others Ms. M. A. Kulkarni, Advocate for Petitioner Mr. D. S. Patil, Advocate for Respondents CORAM : R. M. JOSHI, J. DATE : 03rd March, 2025 PER COURT :- 1. This petition takes exception to order dated 05.02.2024 passed below Exhibit 61 in Civil M. A No. 678/2021 filed under the provisions of Bombay Regulation Act. Learned Trial Court rejected the application filed by the petitioner/objector in the said proceeding for framing following issues. 1.vtZnkj xV ua 292@Ck e/khy {ks= 29 vkj oj vkiyk rkck fl/n djrks dk;\ 2.vtZnkj o xSjvtZnkj ua 1 rs 5 gs e;r jfgelkgsc firk vCnqy x.kh ;kauh dsysys xV ua 292@Ck {ks= 29 vkj ps gLrkarj.k R;kaP;koj ca/kudkjd ulY;kps fl/n djrkr dk;\ 2. Learned counsel for the Petitioner submits that the petitioner has filed suit for partition being Regular Civil Suit No. 38/2021 and rights of the parties are subjudice in the said suit. She drew attention of the 40-WP-4910-2024.odt 1 of 3 2025:BHC-AUG:6392 Court to the pleadings in application to contend that since the applicants/respondents herein are seeking heirship certificate in respect of a particular property, above issues are sought to be framed. It is her contention that in view of the facts of the case, any order passed by the Court in Miscellaneous Application No. 678/2021 (Old No. 228/2021) would effect the rights of the parties and hence framing of these issues is necessary. 3. Learned counsel for Respondents supported the impugned order. 4. There cannot be any dispute made with regard to the fact that the proceedings under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short “the Act”) are in nature of summary proceedings and it is only a recognition of heirship of the deceased. Needless to say that the disputes with regard to the title, possession of the property cannot be decided in the said proceedings. Here, in this case, admittedly, Regular Civil Suit No. 38/2021 is pending in respect of the same properties. It is open for the petitioner to raise the said issues in the said suit however it is not justified for him to call upon Court to deal with the application under the Act and to seek order of framing issues mentioned above. 40-WP-4910-2024.odt 2 of 3 5. Learned Trial Court rightly taken into consideration the facts of the case and has observed that the only issue involved in the said application is as to whether the applicant therein is entitled in Heirship Certificate or not. This Court, therefore, finds no reason or justification to cause any interference in the impugned order. 6. The filing of such application more particularly during the pendency of Regular Civil Suit No. 38/2021 is nothing abuse of process of law which is intended at delaying the hearing of proceedings. Hence, petition is dismissed by imposing cost of Rs. 5,000/-. Cost payable within a period of 4 weeks to the Advocates Association, Bar library, High Court of Bombay, Bench at Aurangabad. Pending Civil Application, if any, stands disposed of. (R. M. JOSHI, J.) bsj 40-WP-4910-2024.odt 3 of 3