LAWS(ALL)-2023-11-45

MONIKA YADAV Vs. AAKASH SINGH

Decided On November 29, 2023
Monika Yadav Appellant
V/S
Aakash Singh Respondents

JUDGEMENT

(1.) Heard Sri Rajesh Yadav, learned counsel for the appellant.

(2.) The present first appeal filed under Sec. 384(1) of the Succession act, 1925, is directed against the judgment and order dtd. 5/1/2023 passed by the Civil Judge (Senior Division), Bhadohi Gyanpur in Succession Case No. 81 of 2020 (Monika Yadav Vs. Akash and Others), whereby the Application (Paper 4Ga) preferred under Sec. 372 for obtaining the Succession Certificate, has been rejected.

(3.) A question has arisen with regard to the maintainability of the appeal in view of the provisions contained in Sec. 388(2) of the Succession Act, 1925 [the Act].