S PRATAP KUMAR Vs. THAMAS B CHOUDI

JUDGEMENT

(1.) THE crucial question involved herein is as to whether a second appeal can lie to this High Court against an order granting, refusing or revoking succession certificate sought to be obtained under Part X of the Indian Succession Act, 1925 (in short the Central Act)?

(2.) ACCORDING to the appellant, he is the brother of one Smt. S. Sugandha Neelavathy, who while still working in Government dispensary at Brucepet, Bellary, died on 27-9-1998. The present appellant and the 2nd respondent on the strength of an alleged registered Will dt. 13-9-1998 filed an application under S. 372 of the Central Act for grant of succession certificate in order to receive the service benefits of their sister. Similar application was also filed by the 1st respondent, who happens to be the husband of Smt. Sugandha Neelavathy. Both the application were heard by the Principal Civil Judge (Jr. Division), who by his order dt. 22-11-1997 rejected the application filed by the appellant along with the 2nd respondent and allowed the one filed by the husband of the deceased. The said order was questioned by the appellant by filing an appeal before the Principal Civil Judge (Sr. Dn, Bellary, but the same was also dismissed on 11-10-2000.

(3.) FACED with the aforesaid situation, the appellant has preferred the present second appeal before this Court. The Scrutiny Branch of this Court has taken a preliminary objection as to maintainability of this appeal on the ground that under S. 384 of the Central Act, only one appeal is maintainable and the same has already been availed by the appellant by filing it before the Civil Judge (Sr. Division ). Keeping in view the importance of the issue involved herein, I had called for a report from the Registrar (Judicial) and thereafter heard Ms. Vidya, learned counsel for the appellant at length.