Court No. - 47
Case :- MATTERS UNDER ARTICLE 227 No. - 3264 of 2019 Petitioner :- Uma Shanker Awasthi Respondent :- Kamla Devi @ Bisuna Devi Counsel for Petitioner :- Pradeep Kumar
Hon'ble J.J. Munir,J.
The petitioner is permitted to amend the relief clause 1and 2 of the petition to bring it in accord with the frame of a petition under Article 227 of the Constitution.
This petition under Article 227 of the Constitution has been filed seeking a direction to the Additional Civil Judge (Senior Division)/IX ACMM, Kanpur Nagar to decide case No. 54/70/08, Kamla Devi vs. Uma Shanker, being an application for the grant of a succession certificate. The application was filed and the case has proceeded to publication but proceedings, according to the submission of the learned counsel for the petitioner, are eventlessly lingering on. It is submitted that proceedings for grant of a succession certification under Section 372 of the Indian Succession Act that are summary in nature are working to the prejudice of the petitioner as by the said application the petitioner has applied for the succession to the moveables of late Kripashankar Awasthi, the petitioner's mother's sister's husband, to which he says that he is entitled. The succession has been applied for the benefit of his mother's sister impleaded as the sole-respondent, about whom it is said that in the absence of the succession certificate, the moveable property of her husband is in peril of being usurped by the said respondents brother-in-law (that is to say her husband's younger brother).
Looking to the aforesaid facts and circumstances but without expression of any opinion on merits about whatever the petitioner has said about the background in which succession has been applied, the Succession Court, that is to say, the Additional Civil Judge (Senior Division)/IX ACMM, Kanpur Nagar is ordered to decide pending succession case No. 54/70/08 within a period of one month from the date of receipt of a copy of this order in accordance with law after hearing the parties concerned.
This petition is allowed in terms of the above order.
Order Date :- 30.4.2019 BKM/-