LAXMI SHADANGI Vs. PANKAJ KUMAR SHADANGI

JUDGEMENT

(1.) The petitioners have filed this petition and prayed for the following reliefs:-

(2.) Facts of the case are that respondent No.1, brother of petitioner No.1, filed an application under Sec. 372 of the Indian Succession Act, 1925 (henceforth 'the Act, 1925') against one of another sisters of petitioner No.1, arrayed as the non-applicant, namely, Soochi Shadangi, claiming the amount of Rs.4,98,176.00 deposited in the name of her father late Madhav Prasad Shadangi at Kshetriya Gramin Bank Raigarh, in the Saving Account No.19/3736 and an amount of Rs.30,000.00 lying as Fixed Deposit in the same Bank and also an amount of Rs.50,000.00 lying as Fixed Deposit in the Post Office, Raigarh. The Succession Application has been preferred before the Civil Judge Class-I, Raigarh bearing Case No.9/2007. Respondent No.1 did not implead the petitioners as party, though they are also the daughters of late Madhav Prasad Shadangi and wrongly stated that petitioner No.1 was missing since 2001. The said succession application was decided by the Lok Adalat held on 26/8/2007 and in a fraudulent manner a compromise has been arrived to deprive the rights of the present petitioners. Thus the impugned award is not sustainable. Hence this petition.

(3.) Learned counsel for the petitioners would submit that before passing the impugned award proper procedure has not been followed and the applicant has wrongly stated the material fact about missing of petitioner No.1. The Succession Court has not issued any publication notice and, therefore, the award passed earlier did not come to the notice of the petitioners, as petitioner No.1 was residing in the State of Gujarat. Thus the impugned award has been passed by practicing fraud, which deserves to be set aside.