HALIMAN BEE Vs. JOYA KHAN

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India being aggrieved by the order dtd. 20/1/2021 (Annexure P/3) passed by the Additional District Judge Berasiya, District Bhopal in Misc. Civil Appeal No.19/20219 arising out of the order dtd. 31/8/2019 passed by the Judicial Magistrate First Class Berasiya, District Bhopal in M.J.C. No.18/2014.

(2.) The respondent Joya Khan filed an application under Sec. 372 of the Indian Succession Act (hereinafter referred to as "the Act"), which was allowed by the trial Court. Against the aforesaid order, petitioner Haleeman Bee filed an appeal under Sec. 384 read with Sec. 388 (2) of the Act for grant of succession certificate, which was dismissed by the appellate Court by the impugned order. Thereafter, she filed the present petition before this Court under Article 227 of the Constitution of India.

(3.) At the very outset, learned counsel for the petitioner ask to satisfy the Court as to the maintainability of this petition under Article 227 of the Constitution of India in view of objection raised by the Registry.