Dismissed

Rajesha Kumari Gaur v. Shri Sunil Kumar, Civil Judge (Senior Division) Lko.

Allahabad HC2 Sept 2024CAPL/3478/2024

Case brief

AI extract

What is this about?

This contempt application addressed the willful defiance of a writ order directing a trial court to decide pending succession certificate cases. The court found that succession disputes involving multiple claimants remained unresolved, creating uncertainty about entitlement. Consequently, it declined to direct the immediate release of dues and directed the trial court to expedite the decision of p

What did the court decide?

The writ order requiring the trial court to decide pending succession cases was recalled; the applicant's new contempt petition was dismissed. The trial court is directed to decide all pending success

Rajesha Kumari Gaur vs Shri Sunil Kumar, Civil… — Succession and Inheritance | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 3478 of 2024

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Applicant :- Rajesha Kumari Gaur Opposite Party :- Shri Sunil Kumar, Civil Judge (Senior Division) Lko. Counsel for Applicant :- Sanjay Kumar Pandey

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant.

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Learned counsel for the applicant submits that the order of this Court dated 3.4.2024 passed in Writ A No.6989 of 2024 (Rajesha Kumari Gaur Vs. State of U.P. & Ors.) has been willfully defied by the respondent.

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Learned counsel for the applicant submits that Case No.224 of 2022 under the provisions of Indian Sucession Act but the same was not being decided, as a result, Writ A No.6989 of 2024 was filed which was disposed of on 3.4.2024 with a direction to the learned trial court to decide the pending cases pertaining to grant of sucession certificates of the applicant and private respondents in accordance with the law after hearing all the parties concerned expeditiously, within a period of three months from the date of receipt of certified copy of the order.

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Order dated 3.4.2024 passed by the writ court in Writ A No.6989 of 2024 is as under:-

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1. Counter affidavit filed today on behalf of respondents no. 2 and 3 is taken on record.

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2. Heard Shri Anup Kumar Gaur, the son of the petitioner on the basis of application bearing I. A. No. 8 of 2024, Smt Ram Dulari and Shri Ashwani Kumar, respondents no. 2 and 3 who were required to appear in person before this Court vide the order dated 06.03.2024.

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3. The Court has also taken assistance of Shri Lalit Shukla, learned counsel who is present in the Court to understand the controversy involved in the matter more particularly when both the petitioner and the private respondents are appearing in person.

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4. The crux of the issue in the instant writ petition is that the petitioner claiming herself to be the wife of the late Puranmasi, who was working on the post of Notice Server in the Estate Department and having died in harness on 10.12.2020 has not been paid the dues admissible to her in the capacity of being wife.

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5. From perusal of the record it emerges that a succession certificate has been issued by competent court of law in favour of the petitioner on 11.12.2021, a copy of which is annexure 12 to the petition. A perusal of the record also indicates that the petitioner claims payment of retirement cum death dues on the basis of the nomination done by the employee, a copy of which is annexure 4 to the petition. Subsequent thereto Smt Ram Dulari the respondent no. 2 herein also

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filed her counterclaim which was registered as Case No. 224 of 2022 alleging herself to be the wife of the deceased employee. Shri Ashwani Kumar, respondent no. 3 also filed his counterclaim which was registered as Case No. 385 of 2022 alleging himself to be the son from the deceased employee. Incidentally both the cases filed by Smt Ram Dulari and Shri Ashwani Kumar were dismissed for default on 05.09.2022. The application filed by them remained pending which required this Court vide the order dated 04.03.2024 for a report to be sent by learned District Judge indicating as to why the Senior Judge (Senior Division), Lucknow has not decided the application for recall. Today it has been informed that the application for recall has been decided vide the order dated 01.03.2024.

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6. At this Stage, Shri Anup Kumar Gaur states that Smt Ram Dulari has already died and some impersonator has filed the aforesaid case before learned trial court.

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7. The aforesaid controversy is not being gone into by this Court, more particularly when the entire dispute is pending before learned trial court.

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8. On the other hand, the State-respondents while filing the counter affidavit have indicated that a succession certificate dated 22.03.2021 has been issued by the Sub-Divisional Magistrate in the name of Shri Ashwani Kumar @ Ramu and Smt Ram Dulari who has been indicated as wife of Shri Puranmasi. Thus in view of the succession certificate there appear to be two wives of the deceased employee.

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9. It is thus apparent that admittedly the cases for grant of succession certificate are pending before learned trial court although a succession certificate has already been issued in favour of the petitioner.

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10. Considering the aforesaid more particularly when the succession certificate as has been issued in favour of the petitioner is in jeopardy on account of the counterclaim filed by Smt Ram Dulari and Shri Ashwani Kumar and the order by which both their cases were dismissed in default already stands recalled vide the order dated 01.03.2024, as such it would not be in the interest of justice to issue direction at this stage to the State to release any dues in favour of the petitioner. Therefore, the dues would be released as and when a succession certificate is issued by the competent court of law in favour of either of the parties.

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11. Considering the aforesaid more particularly the peculiar facts of the instant case wherein despite the death of the deceased employee the matter of succession has not attained finality and cases pertaining to grant of succession certificate are pending before learned trial court, as such exercising powers under Article 226 of the Constitution of India the writ petition is disposed of with a direction to learned trial court to decide the pending cases pertaining to grant of succession certificates of the petitioner and the private respondents in accordance with law after hearing all the parties concerned expeditiously, say within a period of three months from the date of receipt of a certified copy of this order.

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12. Learned trial court shall not grant unnecessary adjournment and any adjournment sought by either of the parties may attract cost to be imposed by the learned trial court.

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13. The Court records the assistance rendered by Shri Lalit Shukla, Advocate.

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List this case on 21.9.2024 as fresh.

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In the meantime, Sri Harshwardhan Mehrotra, Advocate holding brief of Sri Gaurav Mehrotra, learned counsel for the respondent may seek instructions in writing from respondent that why the order of the writ court has not been complied with.

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Learned counsel for the applicant is also directed to provide two copies of the contempt application to learned Additional Chief Standing Counsel.

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Registry is directed to show the name of Sri Gaurav Mehrotra, Advocate as counsel for the respondent in the cause list, whenever, the case is next listed.

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Order Date :- 2.9.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Rajesha Kumari Gaur v. Shri Sunil Kumar, Civil Judge (Senior Division) Lko.

Case brief

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Rajesha Kumari Gaur v. Shri Sunil Kumar, Civil Judge (Senior Division) Lko.

Case brief

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