SUMAN AND OTHERS Vs. SHIV KUMAR AND OTHERS

JUDGEMENT

(1.) Present civil revision has been preferred against the order dated 17-09-2014 (Annexure P/2) passed by the Second Additional Judge to the Court of Civil Judge Class -I, Sabalgarh District Morena as well as appellate order dated 12-05-2015 (Annexure P/1) passed by the first Additional District Judge, Morena whereby the application under Section 372 of Indian Succession Act preferred by the respondents has been allowed and affirmed respectively.

(2.) Precisely stated facts of the case for adjudication are that respondents filed an application under Section 372 of India Succession Act in respect of amount to the tune of Rs.12,24,938/- of late Shivendra Sharma who expired on 11- 03-2012. In hindsight, Kanhaiya Kumar was survived by four sons and one daugther. Four sons were Shivendra, Rajaram, Jagdish and Rambabu and daughter was Shanti Devi. The application under Section 372 of the Indian Succession Act was filed by Shiv Kumar, the alleged adopted son of Shivendra Sharma as well as by other brothers of Shivenra i.e. Rajaram and Jagdish against the L.Rs. of their another brother Rambabu and their sister Shanti Devi. It was stated that late Shivendra Sharma in his life time on 17-01-1997 adopted Shiv Kumar.

(3.) Late Shivendra Sharma was employee of M.P.M.K.V.V. Company Ltd. therefore, the application under Section 372 of Indian Succession Act was filed by Shiv Kumar (the alleged adopted son of late Shivendra Sharma) and by two brothers of Shivendra Sharma and sought claim over the amount which was to be disbursed to late Shivendra Sharma from the employer. Shiv Kumar sought succession certificate on the basis of his alleged adoption.