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Judgment
Alok Sharma
Counsel for the petitioners seeks to withdraw the second stay application. In view of above, the second stay application is dismissed as withdrawn.
With the consent of the counsel for the parties, the matter is being finally heard and decided.
This petition has been filed against the order dated 25.11.2011, passed by the learned District Judge, Ajmer in Civil Misc. Application No. 59/2010 dismissing an application u/s 10 of CPC filed by the petitioners herein.
The judgment of the learned District Judge is founded upon enunciation of law by the Hon''ble Supreme Court in the case of Madhvi Amma Bhawani Amma and Others Vs. Kunjikutty Pillai Meenakshi Pillai and Others, whereunder the Hon''ble Supreme Court has held that the provisions of Sections 10 & 11 CPC do not apply to proceedings for the grant of succession certificate. It is not in dispute that the proceedings before the learned District Judge, Ajmer were for the grant of succession certificate u/s 372 of the Indian Succession Act, 1925 (hereinafter ''the Act of 1925'') at the instance of Raj Kumari whereunder an application u/s 10 CPC was filed by the petitioners herein Smt. Puspa Devi and her son Yogesh Sharma on the ground that they had on their part claimed succession to late Kedar Lal Sharma and initiated proceedings earlier u/s 372 of the Act of 1925 in the court of District Judge, Jaipur.
In my considered opinion, the judgment of the learned District Judge is based on the law as laid by the Hon''ble Supreme Court on interpretation of Sections 10 and 11 CPC holding that the said provisions do not apply to succession proceedings. In this view of the matter, the writ petition is without force and the same is dismissed. Stay application also stands dismissed.