Request is made, during the pendency Special Civil Application No.12257 of 2009, to stay and suspend the operation of the order dated 12.1.2009 passed in CMA No.2 of 2009 and the amount of Rs.2,94,313/- may be kept in a separate account and the remaining amount may be permitted to be withdrawn on the basis of the Succession Certificate granted in CMA No.21 of 2008.
Considering the serious disputes in respect of the Susccession Certificate granted in favour of the present applicant, during the pendeny of the Special Civil Application No. 12257 of 2009, such request cannot be acceded to.
On hearing both the sides, this Civil Application is being rejected keeping the very issue open for the applicant to agitate at the time of final hearing of Special Civil Application No. 12257 of 2009, which is peremptorily fixed for hearing on 1.5.2012. Civil Application stands disposed of accordingly.
(Ms.
Sonia Gokani, J.) sudhir Top