Disposed¶8

Uma Devi v. Samudri Devi and 4 Others

Allahabad HC3 Jul 2025FAFO/121/2025

Case brief

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What is this about?

Uma Devi v. Samudri Devi And 4 Others; First Appeal From Order No. 121 of 2025; High Court of Judicature at Allahabad, Lucknow Bench; Court No. 5; Hon'ble Abdul Moin, J.; order dated 24.3.2025; interim order; maintainability of appeal against succession certificate granted under Section 372 of the Succession Act, 1925 on 29.09.2023; Section 384 appeal lies against learned District Judge's order; order dated 08.01.2025 rejecting application for recall; appellant's participation and no-objection affidavit; claim of will in appellant's favour; vakalatnama by Pradeep Tiwari for all respondents; appellant's counsel prayed for time; case listed 26.03.2025 as fresh; counsels to prepare relevant case laws; no substantive holding yet.

What the court decided

Uma Devi Vs Samudri Devi and 4 Others — Succession and Inheritance | Allahabad HC (2025)

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Court No. - 5 Case :- FIRST APPEAL FROM ORDER No. - 121 of 2025 Appellant :- Uma Devi Respondent :- Samudri Devi And 4 Others Counsel for Appellant :- Pranav Mishra,Shashank Shukla Counsel for Respondent :- Pradeep Tiwari

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Hon'ble Abdul Moin,J.

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Vakalatnama filed today in Court by Sri Pradeep Tiwari, Advocate on behalf of all the respondents be kept on record.

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Heard.

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Sri Tiwari, learned counsel for the respondents has raised a preliminary objection that under Section 384 of the Succession Act, 1925 (hereinafter referred to as “Act, 1925”), an appeal would lie to this Court against an order passed by the learned District Judge while in the instant case, the appeal has been filed against the order dated 29.09.2023 by the learned Civil Judge whereby the succession certificate has been granted under Section 372 of the Act, 1925 and an order dated 08.01.2025 whereby the learned Civil Judge has rejected the application for recall filed by the appellants and consequently, the appeal would not be maintainable.

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The other ground raised by the learned counsel for the respondents is that the appellant had participated in the proceedings under Section 372 of the Act, 1925 and had also filed an affidavit giving her no objection but consequently filed an application for recall contending that she was having a will in her favour and as such, prayed for recall of the order dated 29.09.2023 which in fact has correctly been rejected by the learned trial Court.

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Learned counsel for the appellant prays for some time to respond to the aforesaid.

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List this case on 26.03.2025 as fresh showing the name of Sri Pradeep Tiwari, Advocate from the side of respondents.

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By the next date, both the learned counsels shall prepare with respect to relevant case laws in this regard.

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Order Date :- 24.3.2025 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Uma Devi v. Samudri Devi and 4 Others

Case brief

What is this about?

What the court decided

Uma Devi v. Samudri Devi and 4 Others

Case brief

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What the court decided

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