KHITIBHUSHAN PATEL Vs. FULKUMARI PATEL

JUDGEMENT

(1.) Since the issue involved in the bunch of Civil Revisions and the facts are one and the same, they are heard analogously and are being disposed of five Civil Revisions i.e. CR No. 180 of 2017, CR No. 175 of 2017, CR No. 176 of 2017, CR No. 179 of 2017 and CR No. 184 of 2017 by this common order.

(2.) These five civil revisions have been preferred under Sec. 384 (3) of the Indian Succession Act, 1925 (henceforth 'the Act') against the order dtd. 13/10/2017 passed by the Fourth Additional District Judge, Raigarh in different Civil Appeals which have been dismissed, affirming the order of Succession Court i.e. Second Civil Judge, Class-I, Rajgarh in five Succession Cases.

(3.) Facts of the case, in brief are that the marriage of Panchram and Fulkumari Patel was solemnized in the year 1987 and from their wedlock, daughter namely Jyoti was born. On 7/5/1993 Fulkumari Patel left her matrimonial house and daughter also. On 26/6/1999 Pancharam who was working as constable in the police department died during service in the road accident. Subsequently, Jyoti Patel used to live with her grandfather namely Kamaldhar and he died also. Thereafter, Jyoti Patel started living with the elder brother of deceased Pancharam. It is contended that on 30/12/2005 the applicant adopted Ku. Jyoti Patel as his daughter and since then she was living with the applicant. In the year, 2000, Jyoti Patel obtained compassionate appointment on the post of constable in the Police Department and unfortunately, she died unmarried on 17/9/2014.