EURICA MARBANIANG Vs. DORBARLIN KHARBITHAI

JUDGEMENT

(1.) Heard Mr. M.F. Qureshi, learned counsel for the petitioner as well as Mr. N. Mozika, learned counsel for the sole respondent.

(2.) An application under Section 372 of Indian Succession Act, 1925 (hereinafter referred to the Act) having been filed by the petitioner herein, Additional Deputy Commissioner, East Khasi Hills District, Shillong by an order dated 10.9.2007 granted a succession certificate under the provision of Section 377 of the Act in respect of debts and securities amounting to Rs. 54,510 only left out by her deceased husband. This certificate was granted on the same day of the order i.e. 10.9.07. The sole respondent herein claiming herself to be the second wife of the deceased husband of the petitioner filed, an application before the court of Additional Deputy Commissioner, East Khasi Hills District was filed praying for stay of the operation of the order dated 10.9.2007 by which the succession certificate was granted. In the application it was claimed that the petitioner herein by suppressing material facts obtained certificate from the court. On filing of this application, the court by this impugned order(order dated 10.12.2008) stayed the operation of the order dated 10.9.2007 holding inter allia that the petitioner herein while filing the application for grant of succession certificate did not disclose the heirs of the deceased husband and further the succession was granted ex-parte.

(3.) Being aggrieved thereby the petitioner has preferred his application under Article 227 of the constitution of India challenging the legality and correctness of the order dated 10.12.2008.