GHULAM NABI NAIKOO Vs. ABDUL REHMAN BHAT

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21st May, 2003, hereinafter referred to as impugned judgment passed by learned Principal District Judge, Anantnag, whereby and whereunder, two petitions titled as Abdul Rehman Bhat v. Mst. Saja and others, date of institution 11th October, 2000 and Ghulam Nabi Naikoo v. Mohammad Sidiq Naikoo, date of institution 31st October, 2000, for grant of succession certificate came to be decided. Factual Backdrop of the Case. It appears that Mst. Fazi, w/o Ghulam Nabi Naikoo, appellant herein, died on 8-9-2000 at. village Bhan, Tehsil Kulgam. Appellant Ghulam Nabi Naikoo presented an application for issuance of succession certificate in favour of the petitioner and alleged adopted daughters, namely, Rukhasana Anjum and Shazia Jan, before the Court of Sub-Judge, Kulgam.

(2.) Abdul Rehman Bhat, respondent No. 1, also filed an application for issuance of succession certificate before the Court of Pr. District Judge, Anantnag. Ghulam Nabi Naikoo moved an application before the learned Principal District Judge, Anantnag, for arraying him as party in the array of respondents in the petition titled as Abdul Rehman Bhat v. Mst. Saja, which came to be granted.

(3.) It appears that petition titled Ghulam Nabi Naikoo v. Mohammad Sidiq Naikoo was withdrawn from docket of the Court of Sub-Judge Kulgam, and came to be transferred to the Court of Principal District Judge, Anantnag. Abdul Rashid Bhat, Mst. Saja and Mst. Saida filed application for impleading them as parties in the application titled as Ghulam Nabi Naikoo v. Mohammad Sidiq Naikoo, which came to be granted vide order dated 7th September, 2001. Both the applications were consolidated vide order dated 9th July, 2001.