AMRITA DUBEY Vs. CIVIL JUDGE GORAKHPUR

JUDGEMENT

(1.) Heard the counsel for the petitioners and perused the record.

(2.) This writ petition has been filed for quashing the impugned order dated 22-3-1998 passed by respondent No. 1 Civil Judge, Senior Division, Gorakhpur to delete the name of respondent No. 2 and declare the petitioners as legal heirs of late Bipin Bihari Dubey in her place. It is also prayed that respondent No. 1 be directed to issue a fresh succession certificate in favour of petitioner No. 1 accordingly.

(3.) The brief facts of the case are that petitioner No. 1 Smt. Amrita Dubey is the wife of late Bipin Bihari Dubey. Aditya Prakash Dubey and Shaurabh Chand Dubey are the sons of late Bipin Bihari Dubey. Sri Bipin Bihari Dubey died on 16-12-1996. After the death of her husband, petitioner No. 1 moved an application before the District Magistrate, Gorakhpur for succession certificate on 6-1-1977. On the report of Tehsildar, Gola, Gorakhpur dated 3-1-1977, succession certificate was issued in her favour. In the mean time the petitioners filed Succession Case No. 30 of 1997 before the Civil Judge (S.D.) Gorakhpur for a succession certificate for withdrawal of the money deposited in the name of Bipin Bihari Dubey.