NIZAMUDDIN Vs. ABDUL SALAM

JUDGEMENT

(1.) Oral 1. Heard the learned counsel for the parties and perused the record.

(2.) This petition has been filed challenging the order dated 19.10.2019 passed by the Appellate Court in Miscellaneous Civil Appeal No.12 of 2015 Abdul Salam and Others Vs. Nizamuddin and Another.

(3.) It has been submitted by the learned counsel for the petitioner that one Hazi Mohammad Saeed died on 10.09.2005 inter state. The petitioners Nizamuddin and Wahid are sons of his brother Late Azeem and they filed a Succession Suit before the Civil Judge Senior Division., Hapur, Ghaziabad registered as Miscellaneous Case No.129 of 2005 for issuance of Succession Certificate in petitioners' favour of Rs.1,32,320/- which remained in the State Bank of India, Hapur Branch as F.D.R. No.0129203461900. In the Lok Adalat on 23.05.2010, the matter was settled between the petitioners and the Bank and the Civil Judge Senior Division., Hapur, Ghaziabad, by his order dated 23.05.2010 directed the Bank to release Rs.1,35,000/- in favour of the petitioners on their submitting necessary security amount and giving an undertaking to the effect that in case, in future any claim is made by any other legal heir or representative of Late Hazi Mohammad Saeed, the petitioners shall intimate the Bank.