GULSHAN BEGUM Vs. MUSKAN ALI

JUDGEMENT

(1.) The applicants have preferred this civil revision under Section 388 (3) of the Succession Act, 1925 (hereinafter called as 'the Act of 1925") against the order dated 26.4.2014 passed by learned District Judge, Bilaspur, in Misc.Civil Appeal No.9/13, by which the order passed by the Succession Court (First Civil Judge Class-I, Bilaspur) in Succession Case No.09/08 revoking the succession certificate granted to non-applicants No.1 and 2 herein- Muskan Ali and Imran Ali dated 3.2.2005, has been set aside.

(2.) Aforesaid challenge to the impugned order has been made on the following backdrop:-

(3.) Mr.Anurag Dayal Shrivastava, learned counsel appearing for the applicants, would submit that learned District Judge is absolutely unjustified in setting aside the order of the Succession Court revoking the succession certificate granted in faovur of nonapplicants No.1 and 2. He would further submit that the fact of divorce between deceased Sheikh Hussain and applicant No.1 Smt.Gulshan Begum is not established as divorce deed (talaknama) filed by non-applicants No.1 and 2 herein was neither exhibited nor it was proved, whereas the applicants have proved the fact that there is no divorce between deceased Sheikh Hussain and applicant No.1, which is apparent by order of the Judicial Magistrate First Class, Pendra Road dated 29.3.2003 (Ex.P/2), in which it has clearly been recorded that the present applicant No.1 is wife of deceased Sheikh Hussain. He would also submit that the succession certificate was obtained by non-applicants No.1 and 2 behind their back, the applicants were necessary parties and they were not impleaded deliberately as party respondents in succession case. Therefore, the impugned order of learned District Judge deserves to be set aside.