MEENA Vs. HARGOBIND KESSUMAL KRIPLANI

JUDGEMENT

(1.) By way of this Appeal, the Appellants have challenged the judgment and decree dtd. 30/4/2016 passed by the learned Additional Civil Judge, Gandhidham - Kutch in Civil Miscellaneous Application No.2/2009 whereby the learned Judge was pleased to reject the application of the present appellants which was moved under Sec. 383 of the Indian Succession Act seeking rejection of the Succession Certificate granted in favour of the opponent herein in Civil Miscellaneous Application No.21/2008 contending that the order of the learned Civil Judge is wrong, illegal, arbitrary, unjust, unfair and against the settled position of law.

(2.) The appellants herein are the widow and the daughter of the deceased - Anant Kesumal Kriplani and the appellants claim their rights as heirs of the brother of Anant Kriplani, who expired on 15/9/2007. The said brother - Virendra Kesumal Kriplani, had died unmarried leaving behind two married sisters namely - Priya and Pushpa and a brother - Hargobind. The Succession Certificate was issued in the name of the brother by the Court.

(3.) It is stated in the present Appeal, that the deceased - Virendra Kesumal Kriplani was unmarried so had treated Usha, wife of Deepak Abhichandani and daughter of Anant Kesumal Kriplani as his own daughter. Usha was shown as nominee in the service record of Virendra Kesumal Kriplani and she has been drawing pension. This fact got fortified by way of a letter dated 01.12.20007 issued by M/s. Kandla Port Trust in her favour.