AVADH RAM SHUKLA CHELA Vs. VIRAGANAND CHELA

JUDGEMENT

(1.) Heard Mr. Rakesh Kumar Srivastava, learned Counsel for the appellant and Mr. D.K. Pathak, learned Senior Advocate assisted by Mr. Mayank Pathak, learned Counsel appearing on behalf of the first respondent.

(2.) A succession certificate has been granted in favour of respondent no. 1 by the Civil Judge (Senior Division)/ FTC, Faizabad under Sec. 372 of the Indian Succession Act, 1925 (for short, 'the Act'). The succession certificate aforesaid, granted vide order dtd. 18/3/2019, entitles the first respondent to receive a sum of Rs.42,07,656.82 that was property of the deceased Nirmal Kumar Panigrahi. The appellant, who contests the claim of the first respondent to the grant of succession, has preferred this appeal under Sec. 384 of the Act.

(3.) A preliminary objection has been raised by Mr. D.K. Pathak, learned Senior Advocate assisted by Mr. Mayank Pathak, learned Counsel appearing on behalf of the first respondent to the effect that this appeal is not cognizable by this Court, but by the learned District Judge, in view of the proviso to sub-sec. (2) of Sec. 388 of the Act.