8-WP-17498-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17498 OF 2025 Rajendra Hari Mhatre & Ors ..Petitioners Versus Deepak Harishchandra Mhatre & Ors …Respondents Mr. Vijay Gharat, with Sarvesh Gharat and Nidhi Mankar, for the Petitioners. CORAM: N. J. JAMADAR, J. DATE : 13th OCTOBER 2026 P.C.: 1. Heard the learned Counsel for the Petitioner. 2. The challenge in this Petition is to an order dated 11th December 2018 passed by the learned Civil Judge, Senior Division, Panvel, whereby a Heirship Certificate has been granted in favour of the Respondents under the provisions of Bombay Regulation VIII of 1827. 3. The learned Counsel for the Petitioners submitted that in respect of the property which is referred to in the Heirship Certificate, a Regular Civil Suit No. 86 of 2007 is pending before the Civil Court at Uran, Dist Raigad. Therefore, the trial Court could not have granted the Heirship Certificate. ARS 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.10.14 15:01:23 +0530 8-WP-17498-2025.DOC 4. Evidently, the Heirship Certificate has been granted in the year 2018. In any event, the Heirship Certificate is merely a formal recognition of Applicants therein being the heirs of the deceased person. 5. The Heirship Certificate does not confer any title to the properties. The aspects of title and the entitlement to succeed to the property as an heir of the deceased, are beyond the remit of enquiry under Bombay Regulation VIII of 1827. A useful reference can be made to the judgments of this Court in Group Grampanchayat Vs Sunanda Shamrao Bandishti and Ors1 and Ganpati Vinayak Achwal.2 6. Aforesaid being the position in law, the instant Petition does not deserve to be entertained. 7. The Petitioner is, however, entitled to agitate all the grievances in the said Regular Civil Suit No. 86 of 2007 and, if the Petitioners are apprehensive that the Heirship Certificate may be used to the prejudice of the Petitioners rights over the property, the Petitioners are at liberty to seek appropriate reliefs from the Civil Court, in the said suit. 8. Petition stands disposed. [N. J. JAMADAR, J.] 1 2011 (5) Bom CR 162. 2 2014 (6) Mh L J 683. ARS 2/2