SHEIKH MOHAMMAD AMIN Vs. YASIR FAROOQ

JUDGEMENT

(1.) The instant appeal has been filed in terms of Sec. 384 of the Indian Succession Act, 1925 (hereinafter referred to as the Act of 1925) against the order dtd. 3/11/2022 (hereinafter impugned order) passed by the court of District Judge, Srinagar, (hereinafter court below) in case titled as 'Yasir Farooq and another versus public at large and others".

(2.) Before adverting to the grounds urged in the memo of appeal, a brief background of the facts becomes imperative hereunder:

(3.) The fundamental issue/ground urged by the appellants in the memo of appeal is about the status of respondent 1. The appellants have contended that the court below has erred in law while holding the status of respondent 1 as widow of deceased instead of a divorcee in presence of the divorce deeds and public declaration and publication dtd. 11/9/2018 produced with the reply filed by the appellants herein before the court below in opposition to the application filed by the applicants - respondents 1 and 2 herein. The court below is stated to have no jurisdiction to embark on the fact finding realm and return a finding in respect of marital status of respondent 1 herein. It is also being urged in the memo of appeal by the appellants that the court below did not provide any chance to the appellants to produce witnesses for cross-examination though the appellants had filed affidavits of their witnesses in support of their contentions and thus the court below erred and committed a procedural irregularity in the process of passing of the impugned order. It is being lastly urged in the grounds by the appellants that the court below has determined the marital status of respondent 1 without any iota of proof much less for any cogent reasons resulting into gross prejudice to the interests of the appellants not only in respect of CP Fund of the deceased but also with regard to other inheritance.