GITADEVI RAMPRAKASH PODAR Vs. PRAGNESH NARAYAN PODAR

JUDGEMENT

(1.) By this petition, the petitioner is seeking revocation of legal heirship certificate granted by order dtd. 11/7/2023, certifying that respondent Nos.1 to 3 are legal heirs of deceased Narayan Podar. It is the case of the petitioner that the respondents herein, who had filed the petition for grant of legal heirship certificate, suppressed vital information from this Court, thereby obtaining dispensation of proclamation while pursuing their petition for grant of legal heirship certificate.

(2.) The petitioner claims to be the biological mother of the deceased Narayan Podar. On that basis, she claims to be one of the legal heirs of Narayan Podar and hence entitled to 1/4th share in his estate. The petitioner refers to and relies upon a suit bearing Suit (L) No.15592 of 2023, wherein she has sought a declaration that the deceased Narayan Podar was her son from her husband Ramprakash Podar. She has denied the alleged adoption of deceased Narayan Podar by Tejpal Podar i.e. the brother of her husband and she has further sought declaration with regard to her 1/4th share in the estate of the deceased Narayan. The petitioner has arrayed the respondents herein as defendant Nos.1 to 3 in the said suit. It is specifically stated that in an interim application moved in the said suit, notices were served upon the respondents on 30/6/2023 and the papers pertaining to the suit as well as the application were also served upon them.

(3.) It is further stated that the interim application in the aforesaid suit was heard before this Court on 4/7/2023, wherein the respondent Nos.1 and 2 had filed their affidavit in reply and that after hearing the parties, this Court had directed that the other defendants in the said suit would file their reply affidavits. The petitioner asserts that when respondent No.1 pressed for a clarification with respect to an eviction suit filed by him against the petitioner, pending before the Small Causes Court, in the said order dtd. 4/7/2023, this Court clarified that the pendency of the aforesaid suit filed by the petitioner would not have any effect on any other proceedings pending between the parties and that the pending proceedings shall be decided in accordance with law.