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2025 DAILYLAW 76201 (BOM)

SMT KRUSHNABAI VITTHAL KOLTE v. THE CHIEF EXECUTIVE OFFICER ZILLA PARSHAD AND ANR

CRA/576/2017 · 2025-11-19

Shri Sandeep V Marne

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Megha 49_cra_576_2017.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.576 OF 2017 Smt. Krushnabai Vitthal Kolte ...Applicant V/s. The Chief Executive Officer and Anr. ...Respondents ______________ Mr. Vikas B. Shivarkar for the Applicant. ______________ CORAM: SANDEEP V. MARNE, J. DATED: 19 NOVEMBER 2025. P.C.: 1) It appears that the Applicant has already passed away. The Applicant had challenged judgment and order dated 1 March 2016 passed by the learned District Judge-17, Pune, in Civil Appeal No.369 of 2013. While allowing the Appeal preferred by Respondent No.2 the District Court has set aside Judgment and Order dated 1 March 2016 of the Trial Court passed in Misc. Application No.381 of 2009. The said Miscellaneous Application was filed by the Applicant for issuance of succession certificate in respect of family pension and other service related benefits of the deceased employee. 2) Now that the Applicant has passed away and Respondent No.2 has already enjoyed the amount of family pension, nothing survives in the Civil Revision Application. Page No. 1 of 2 19 November 2025 2025:BHC-AS:50408 Megha 49_cra_576_2017.docx 3) Civil Revision Application is accordingly disposed of as infructuous. 4) Mr. Shivarkar, the learned counsel appearing for the Applicant would however express an apprehension that findings recorded by the District Court could be utilised for the purpose of inferring that the Applicant was not the wife of the deceased employee. It is therefore clarified that the findings recorded by the District Court or by the Trial Court with regard to status of the deceased -Applicant as wife of the deceased employee were only for the purpose of issuance of succession certificate. Since the Applicant has passed away, the findings recorded in both the judgments shall not be treated as binding in any independent proceedings initiated by the children of the Applicant. In such proceedings, the status of the children shall be independently determined. 5) Civil Revision Application is accordingly disposed of. [SANDEEP V. MARNE, J.] Page No. 2 of 2 19 November 2025 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 21/11/2025 17:00:52