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High CourtsSingle Bench(2006) 04 P&H CK 0120

Ranjit Kaur and Others vs Surjit Kaur and Others

Punjab And Haryana At Chandigarh · Decided on 18 April 2006 · Citation: (2007) 147 PLR 663

HON’BLE JUDGES
Hemant Gupta, J

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Judgment

6 paragraphs · 339 words

Hemant Gupta, J.—The petitioner has sought transfer of an application u/s 282 of the Indian Succession Act, 1925, hereinafter referred to as the "1925 Act" (Annexure P-4) and the petition for grant of succession certificate u/s 372 of the 1925 Act pending in the Court of Shri J.S. Kang, P.C.S., Additional Civil Judge (Sr. Division), Dasuya to Civil Court at Samrala.

2.

The petitioner, Ranjit Kaur, who claims herself to be the wife of late Shri Ajaib Dass, has sought the succession certificate vide petition (Annexure P-5), whereas, the respondent has sought the grant of succession certificate vide Suit No. 9 of 6.4.2004 which has been allowed ex parte by the learned Additional Civil Judge (Sr. Division) Dasuya on 6.8.2004 (Annexure P-3). The petitioner has moved an application for revocation of succession Certificate vide application appended as Annexure P-4.

3.

The petitioner has sought the transfer of Civil Suit No. 9 of 6.4.2004 as well as the Misc. Application for grant of succession certificate on the ground that other inter se disputes between the parties are pending at Samrala including the case for the grant of succession certificate and the property of Ajaib Singh is also situated at Samrala.

4.

Keeping in view the fact that proceedings are pending at Samrala including for the grant of succession certificate, it would be appropriate if the application u/s 383 of the Indian Succession Act, 1925 along with the Civil Suit No. 9 of 6.4.2004 is transferred to the competent Court at Samrala to be decided along with the petition attached as Annexure P-5.

5.

In view thereof, Civil Suit No. 9 of 6.4.2004 decided on 6.8.2004 as well as Application No. 57 of 2004 (Annexure P-4) is ordered to be transferred to the Court of Ms. Navjot Sohal, Additional Civil Judge (Sr. Division), Samrala, who is already seized of the petition for the grant of succession certificate, Annexure P-5.

The parties are directed to appear before the Court at Samrala on 18th May, 2006 for further proceedings in accordance with law.