M SURESH Vs. B SUMATHI

JUDGEMENT

(1.) THE present Original Side Appeal raises an important question as to whether the High Court would have jurisdiction to entertain an Original petition filed under Sections 300, 370 to 372 of the Indian Succession Act read with Order XXV, Rule 6 of the Original Side Rules for issue of succession certificate.

(2.) FACTUAL matrix leading to the appeal is as follows :-

(3.) AS the maintainability of the petition was doubted on the ground that as per Section 371 of the Indian Succession Act, 1925 (for short, the "act"), the District Judge within whose jurisdiction the deceased ordinarily resided at the time of this death or if at that time he had no fixed place of residence and the District Judge within whose jurisdiction any part of the property may be found, may alone grant a certificate, the petition was posted before the Court for consideration as to the maintainability. By order dated 15-11-2006, the learned single judge found that the unnumbered Original petition for issue of succession certificate is not maintainable before this Court. Questioning the said order, the present appeal has been filed.