MATILDA M. SANGMA AND ORS. Vs. TRIPTI DARIANGO

JUDGEMENT

(1.) HEARD Mr. S. Sen, learned counsel appearing for the applicant/appellant and also Mr. A.H. Hazarika, learned counsel appearing for the respondent.

(2.) THIS case has a chequered history. The fact of the case sufficient for deciding the present application for condonation of delay is briefly noted. The applicant/appellant is praying for condonation of delay of 1775 (One thousand seven hundred and seventy five) days in preferring the accompanying appeal. It is stated that the respondent claiming herself to be the legally married housewife of (1) Sudhin M. Sangma, who died on 21 -01 -1997 filed the application under Section 372 of the Indian Succession Act, 1975 before the Additional Deputy Commissioner, Tura and it was registered as Succession Case No. 22/1997, and obtained the order dated 25 -08 -1997 for succession certificate in her favour to the debts and securities of the deceased (1) Sudhin M. Sangma. The applicant/appellant also applied for issuance of Letter of Administration on the basis of the Will dated 14 -08 -1996 executed by the deceased (1) Sudhin M. Sangma in her favour claiming to be legally married wife in the Court of Additional Deputy Commissioner, Tura and the said proceeding was registered as Letter of Administration Case No. 7/1997 of the court of Additional Deputy Commissioner, Tura. The present applicant/appellant also filed an application for revocation of the said Succession Certificate dated 25 -08 -1997 in Succession Case No. 22/1997. The learned Additional Deputy Commissioner, Tura, after hearing both the parties, passed an order dated 24 -08 -2000 for revocation of the said Succession Certificate dated 25 -08 -1997.

(3.) THE present respondent filed a revision petition being Civil Revision Petition No. 9 (SH) 2003, against the said orders dated 21 -05 -2003 in this Court. The said revision petition had been finally disposed of by this Court by passing judgment and order dated 03 -08 -2007 for remitting the said cases i.e. the Letter of Administration Case No. 1/2002, and also the said application for revocation of the said Succession Certificate to the District Council Court after setting aside the impugned order dated 21 -05 -2003 passed by the Judicial Officer Magistrate First Class, District Court, Garo Hills District Council, Tura. After remand, District Council Court i.e. First Class Magistrate, Garo Hills District Council, Tura, passed the impugned judgment and order dated 05 -10 -2009 granting the Succession Certificate in favour of the present respondent. Against the said order dated 05 -10 -2009, the appellant filed a revision i.e. CR(P) No. 46/2009 under Section 35 of the Administration of Justice and Police in the Garo Hills District Rules, 1937 before this Court. The said 1937 Rules had been repealed by the subsequent Rule called the Garo Hills Autonomous District (Administration of Justice) Rules, 1953.