MANGALA R AWAD Vs. SHASHIKALA KISAN AWAD

JUDGEMENT

(1.) Heard.

(2.) In terms of the order dated 18th November, 2005, the appeal has been heard only in relation to the point of dismissal of Revocation Petition (Lodging) No. 162 of 2003.

(3.) The facts in brief, relevant for the decision in the matter, are that one Kisan Awad employed with Central Railway, Mumbai, expired on 29th December, 1999. The respondent No. 1 herein, the widow of Kisan Awad, applied for Succession Certificate on 3rd July, 2000 which came to be granted by Order dated 29th June, 2001. The appellant herein took out the Revocation Petition (Lodging) No. 162 of 2003 on 4th March, 2003. Consequent to the grant of Succession Certificate, the respondent No. 1 herein also took out Notice of Motion No. 2178 of 2003 seeking direction that the respondent No. 2 should accept the said Succession Certificate and consequently pay the dues of the deceased-husband to her as his widow.