SATYA TIWARI Vs. KALPANA MISHRA

JUDGEMENT

(1.) THIS is an application under Sections 22 and 23 read with Section 151 of the Code of Civil Procedure, whereby petitioner Ku. Satya Tiwari r/o Bombay sought the transfer of Misc. Judicial Case No. 2 of 1976 (succession), pending since 22-12-1976 before the Third Additional District Judge, Gwalior, to any Court of competent jurisdiction at Bombay. Misc. Judicial Case No. 2 of 1976 is an application for issue of a succession certificate under Section 372 of the Indian Succession Act, made by non-applicants Nos. 1 to 3 daughters of late deceased Shambhoo Nath Tiwari.

(2.) IT was not disputed before me that late Shambhoo Nath Tiwari died at Gwalior on 26-10-1976 within the jurisdiction of District Judge, Gwalior. That he had also part of his immovable property situate at Gwalior, though the cash and securities etc. in respect of which the succession certificate was sought, stood deposited at Bombay, Gwalior and other places.

(3.) THE other facts, relevant for the disposal of this petition, briefly stated, are, as follows :-The application for transfer has, as yet, not been admitted for hearing. Under the order sheet dated 29-7-1981, notices were directed to be issued to the non-applicants to show cause against the admission of the petition for hearing. It is unfortunate that the proceedings for the issue of succession certificate, which are expected to be disposed of summarily and expeditiously, have been kept pending in the lower Court on account of the present transfer application and the record having been requisitioned by this Court.