Smt. Sushila Devi and Another Vs Civil Judge… — Succession and Inheritance | Allahabad HC (2024)

Smt. Sushila Devi and Another Vs Civil Judge… — Succession and Inheritance | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to respondent No.1, Civil Judge (Senior Division), District Gonda to consider and decide Misc. Case No.24/2018 under Section 372 of the Indian Succession Act most expeditiously, with full opportunity of hearing and without unnecessary adjournments, preferably within three months from the date a certified copy of the order is placed before the Court concerned; notice to private-respondent No.2 dispensed with.

Issue for consideration

Whether the pending application under Section 372 of the Indian Succession Act (Misc. Case No.24/2018) before the Civil Judge, District Gonda should be directed to be considered and decided expeditiously.

Court's answer

Proceedings initiated under Section 372 of the Indian Succession Act are summary in nature, and once objections have been filed, the Court concerned ought to take the matter to its logical conclusion, which had not yet been done.

Ratio / Principle

Respondent No.1 - Civil Judge (Senior Division), District Gonda is directed to consider and decide the pending application under Section 372 of the Indian Succession Act bearing Misc. Case No.24/2018 most expeditiously, affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either party, preferably within a period of three months from the date a certified copy of the order is placed before the Court concerned.

Key takeaways

In view of the order proposed to be passed, notice to the private-respondent No.2 is dispensed with.ratio¶7

Detailed headnote1 paragraphs

Expedition of succession proceedings - Application under Section 372 of the Indian Succession Act (Misc. Case No.24/2018) pending before the Civil Judge, District Gonda, with objections filed by contesting respondents but the matter not finally decided - Held, proceedings under Section 372 of the Indian Succession Act are summary in nature and once objections are filed the Court concerned ought to take the matter to its logical conclusion - Without entering into merits, petition under Article 227 disposed of directing respondent No.1, Civil Judge (Senior Division), District Gonda to consider and decide the pending application most expeditiously, affording full opportunity of hearing but without unnecessary adjournments, preferably within three months of a certified copy of the order being placed before the Court - Notice to private-respondent No.2 dispensed with (Jaspreet Singh, J.; order dated 8.1.2024).

Neutral Citation No. - 2024:AHC-LKO:1568

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 19 of 2024

Petitioner :- Smt. Sushila Devi And Another Respondent :- Civil Judge (S.D.) District Gonda And Another Counsel for Petitioner :- Kaushal Mani Tripathi

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioners.

In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with.

The petitioners have approached this Court for limited prayer for expediting the proceedings of Misc. Case No.24/2018 filed under Section 372 of the Indian Succession Act.

It is submitted that the petitioners as applicant have moved an application under Section 372 of the Indian Succession Act before the Court of Civil Judge (Junior Division), District Gonda. It has been submitted that the contesting the respondents has also filed objections, however, for one reason or the others, the matter has yet not been finally decided and noticing the aforesaid circumstances, some expedite order be passed.

Considering the fact that the instant proceedings have been initiated under Section 372 of the Indian Succession Act which is summary in nature and once the objections have been filed, the Court concerned ought to have taken the matter to its logical conclusion which has not yet been done.

In view of the aforesaid without entering into the merits of the case, at this stage, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 - Civil Judge (Senior Division), District Gonda to consider and decide the pending application under Section 372 of the Indian Succession Act bearing Misc. Case No.24/2018 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the date a certified copy of this order is placed before the Court concerned.

With the aforesaid, the petition is disposed of .

Order Date :- 8.1.2024 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench