1 911-WP-13050-2026.odt 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 Sunny Thote 2026:BHC-AUG:45865 2 911-WP-13050-2026.odt 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 Sunny Thote 3 911-WP-13050-2026.odt 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. ] Sunny Thote