VIVEK SHARMA Vs. SUNIL KUMAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners on 29/6/2015, wherein, certain defects have been pointed out by the Registry. The defects have been removed by the petitioners on 4/7/2015.

(2.) By means of the present writ petition under Article 227 of the Constitution of India, petitioners have put to challenge the judgment and order dated dtd. 30/3/2010 passed by learned 3rd Additional Civil Judge (Sr. Div.), Dehradun in Misc. Case No.544 of 2001 Sunil Kumar Vs. Smt. Chameli Devi and Ors., whereby, the application moved by the respondents for grant of succession certificate has been granted as well as the judgment and order dtd. 16/12/2014 passed by learned District Judge, Dehradun, in Civil Appeal No.7 of 2008 Vivek and Another Vs. Sunil Kumar and Ors., along with Cross Appeal No.7A of 2008 Sunil Kumar Vs. Vivek and Anr., whereby, both the appeals were decided conjointly and Civil Appeal No.7 of 2008 was dismissed while C.A. No.7A of 2008 was allowed.

(3.) Having gone through the entire documents available on record and impugned judgments and orders, since 2024 nothing substantial happened in the present writ petition and further it is a settled principle of law that proceedings of grant of succession certificate are summary in nature and it does not confer any title over the property and this is only for the purpose of release of property mentioned in the succession certificate to the grantee and still after issuance of the succession certificate, the parties can maintain their right over the property involved in the succession certificate, this Court doesn't want to interfere exercising its supervisory jurisdiction under Article 227 of the Constitution of India.