MAHANT TRAVENI DASS Vs. GENERAL PUBLIC

JUDGEMENT

(1.) Present revision has been filed under Article 227 of the Constitution of India against the impugned order dated 14.01.2019, passed by Learned Civil Judge (Sr. Division), Kapurthala, whereby the application of petitioner/ defendant No.2 for adjourning the probate petition sine-die, was dismissed.

(2.) It is contended on behalf of the petitioner that respondent No.3 Mahant Mahatma Muni, Chela Mahant Parkash Muni is facing a criminal case arising out of FIR No.95, dated 29.08.2016, under Sections 302, 506, 34 I PC read with Sections 25/27 of the Arms Act, registered at Police Station Lopoke, District Amritsar, for committing the murder of Mahant Parkash Muni, thus, in view of Section 25 of the Hindu Succession Act, 1956, (for short 'Act of 1956), he is not entitled to obtain the Succession Certificate for the estate of deceased Sant Shanti Dass. Further contends that on one hand, police is not taking any action against respondent No.3 in the above criminal case and on the other hand, learned Court below while proceeding with the probate petition is bent upon to grant the Succession Certificate in his favour.

(3.) Heard learned counsel for the petitioner and perused the paper-book.