JONALI PAUL Vs. MAMONI PAUL

JUDGEMENT

(1.) Heard Mr. P. Deka, the learned counsel for the appellant. Also heard Mr. R. K. Jain, the learned counsel for the respondents. By this common judgment, it is proposed to dispose of two appeals, namely Intest. Case No. 07 of 2016, as well as Intest. Case No.02 of 2017, as both appeals arise out of a common judgment dtd. 12/8/2014 passed by the learned District Judge, Dhubri, by which two succession cases, namely Misc(S/C) Case No. 10/2011, as well as Misc(S/C) Case No.21/2011, were disposed of.

(2.) The facts relevant for consideration of both the appeals (Intest. Case No. 07 of 2016, as well as Intest. Case No. 02/2017), in brief, are that the respondent No. 1 in both the appeals, namely, Smt. Mamoni Paul, had filed a Misc(S/C) Case, u/s 372 of the Indian Succession Act, 1925, which was registered as Misc(S/C) Case No.10/2011, praying for grant of Succession Certificate in respect of debts and securities of her deceased husband, late Himangshu Shekhar Paul.

(3.) It is the case of the respondent No. 1, namely, Smt. Mamoni Paul, that she was married to late Himangshu Shekhar Paul on 24/2/1999, as per Hindu custom and rituals. Out of their wedlock, two daughters, namely, Ms. Swatabdi Paul and Ms. Chayanika Paul were born. Late Himangshu Shekhar Paul was a Sub-Inspector of Police, working in the District of Barpeta, at the time of his death. He committed suicide on 1/1/2011. At the time of his death, late Himangshu Shekhar Paul left behind his mother, an unmarried sister, three daughters and two wives.