34-WP-950-2023=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 950 OF 2023 Sunil Gorakhnath Jare … Petitioner Vs. Shamrao Damodar Aawtade … Respondent …………. Mr. Anant Vadgaonkar a/w Sagar P. Patil, Hrishikesh Khupsare for the Petitioner …………. CORAM : SHAILESH P. BRAHME, J. DATE : 23rd SEPTEMBER, 2026. P. C. : . Heard. 2. None appears for the respondent despite service of notice indicating final disposal of the matter. 3. The petition takes exception to the order dated 18.11.2022 passed below Exh.30 thereby impleading the respondent in a probate proceeding being C.M.A. No.77 of 2021. 4. The petitioner is a legatee under the Will executed by Shakuntala on 19.06.2018 bequathing 1/4 of the share of her father’s ancestral property. The respondent, who is the husband of the deceased testator has come out with an application for impleadment seeking claim to the Uday S. Jagtap 1 of 2 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.09.24 17:55:41 +0530 34-WP-950-2023=.doc subject matter. 5. The probate proceedings are not the adjudication on substantive rights and liabilities of the parties. Prima facie, a will has been executed by deceased Shakuntala in favour of the petitioner bequathing only 1/4 share. By implication of Section 15 of the Hindu Succession Act, she can be said to be absolute owner of the property in which her husband can have no independent right. 6. It is not demonstrated as to how the respondent is necessary and proper party. The impugned order overlooks above aspect of the matter. It is unsustainable. 7. The Writ Petition is allowed in terms of prayer clause (a) and the Application Exh.30 shall be rejected. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of 2