Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner and Sri Manish Misra, learned counsel for the opposite party nos.1 and 2 as well as Sri Anil Kumar Tiwari, learned counsel for the respondent no.4.
The present writ petition has been filed for the following reliefs:-
(i) issue a writ, order or direction in the nature of mandamus commanding to the opposite party nos.2 and 3 to release/pay the amount of Rs. 59,328/- with interest and 2,00,000/- with interest (Rs. 2,59,328/- along with interest) in compliance of judgment and order dated 11.05.2017 passed by Learned Civil Judge (S.D.) Court No.20 Barabanki in Succession case no.131/2015.
(ii) issue a writ order or direction in the nature of mandamus commanding to the opposite party nos.2 and 3 to pay the penal interest at the rate of 18% on payable amount Rs. 2,59,328/- with interest (59,328/- with interest and 2,00,000/- with interest).
Learned counsel for the petitioners submit that deceased namely Late Sri Jagdish Verma, during his life time, took the Insurance Policy of the amount of Rs. 1,00,000/- under the Scheme namely Jiwan Chhaya Insurance Policy bearing no.236311602 dated 07.10.2011 and Policy of Rs. 2,00,000/- under the scheme namely New Bima Gold Insurance Policy bearing no.225743742 dated 17.05.2012 from the Life Insurance Corporation Ltd (LIC).
On 31.08.2015, petitioners file the succession suit no.131 of 2015 before the Court of Civil Judge (S.D.), Court No.20, Barabanki and the same has been allowed vide judgment and order dated 11.05.2017.
Learned counsel for the petitioners further submit that the petitioners have moved an application on 05.07.2019, in the light of order dated 11.05.2017 and succession certificate dated 17.08.2017, before opposite party nos.2 and 3 for payment of due amount to the petitioners but no action has been taken by the opposite party nos.2 and 3.
As per judgment and order dated 11.05.2017 in Succession Case No.0000131 of 2015 passed by Civil Judge, (S.D.), Court No.20, Barabanki, and succession certificated dated 17.08.2017 the petitioners are entitled to get the amount in question from the opposite party nos.2 and 3.
For payment of due amount the petitioners, sent notice dated 07.03.2019 and thereafter preferred an application on 05.07.2019 but no action has been taken by the opposite party nos.2 and3.
Considering the facts of the case, without entering into the merits of the case, the writ petition is disposed of with a liberty to the petitioners to move an application before the opposite party nos.2 and 3 in respect of release of the aforesaid amount within two weeks from receiving the certified copy of this order and thereafter the opposite party nos.2 and 3 shall consider it and provide the aforesaid amount to the petitioners, as per order passed by the Court below within further period of six weeks.
It is further provided that if the presence of the petitioners is required then in that event the petitioners shall cooperate with the opposite party nos.2 and 3.
Order Date :- 30.9.2019 Vinay/-