AHMEDUNNISA BEGUM Vs. BADARUNNISA BEGUM

JUDGEMENT

(1.) Tr.CMP No.469 of 2002 is filed praying for transfer of OP No. 1042 of 2002 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad to the Court of the Senior Civil Judge, Bodhan, Nizamabad and pass such other appropriate orders. Tr.CMP No.470 of 2002 is filed by the petitioners in Tr.CMP No.469 of 2002 as 1st petitioner and Asia Parana as 2nd petitioner praying for transfer of OP No.l of 2002 on the file of the Junior Civil Judge, Yellareddi, Nizamabad District to the Court of the Senior Civil Judge, Bodhan, Nizamabad District and pass such other appropriate orders.

(2.) As can be seen from the allegations made in these transfer CMPs., the parties had invoked the jurisdiction of the respective Courts for the purpose of obtaining succession certificate claiming as widows of late Mohd. Zainulabuddin and claiming his terminal benefits. Both the Counsel on record had advanced elaborate arguments to convince this Court on the aspect of jurisdiction of the respective Courts in entertaining the O.P.s. for grant of succession certificates.

(3.) Section 371 of the Indian Succession Act, 1925 dealing with Court having jurisdiction to grant certificate reads as hereunder-