Dismissed

Smt. Ashakiran Swarnakar v. Swapanil Kannauje

Chhattisgarh HC5 Mar 2019WP227/154/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a writ petition challenging a District Judge's order rejecting an application for admission of a civil revision. The petition challenged the rejection of a probate application due to non-payment of proper court fees. The court found no illegality in the District Judge's order.

What did the court decide?

Writ petition dismissed in limine. Copy of order sent to concerned trial Court.

Smt. Ashakiran Swarnakar Vs Swapanil Kannauje — Succession and Inheritance | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No.154 of 2019

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Smt. Ashakiran Swarnakar W/o Bharat Swarnakar, aged about 64 years, R/o Behind “Pragya” Chopra Palace, New Adarsh Nagar, Durg (CG)

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-----Petitioner

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Versus

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Swapanil Kannauje S/o late Jaiprakash Kannauje, aged about 30 years,

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Srijan Kannauje S/o late Jaiprakash Kannauje, aged about 27 years,

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Ku. Archana Kannauje, D/o late Tukaram Kannauje, aged about 45 years,

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All are resident of Digvijay Marg, Jamatpara, Ward No. 21, Rajnandgaon, Tahsil & District Rajnandgaon (CG)

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Smt. Sarojani Soni W/o Malikram Ram Soni, aged about 69 years, R/o V.V. Apartment, Vijay Nagar Avantika Bihar, Raipur, District Raipur (CG)

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Smt. Prabha Poddar W/o Dharmendra Poddar, aged about 56 years, R/o Sector-1, Lokmanya Society House No.1, Deendayal Upadhyay Nagar, Raipur (CG)

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Ravishankar Kannauje S/o late Tukaram Kannauje, aged about 65 years, R/o House No.84 Digvijay Marg, Jamatpara, Ward No.21 years, Tahsil & District Rajnandgaon (CG)

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Rakesh Kannauje S/o late Tukaram Kannauje, aged about 54 years, R/o Quarter No.D/96 C.G. Vidyut Mandal Colony, Darri, Post-Vidyut Nagar, Darri District Korba (CG)

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Smt. Shobharani Swarnakar W/o Anil Swarnakar, aged about 51 years, R/o Quarter No.G/7 Indira Gandhi Krishi Mahavidyalaya, Camp Sarkanda, Ratanpur Road, District Bilaspur (CG)

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Public at large

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---- Respondents

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For Petitioner : Mr.Purnendra Khichariya, Advocate

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Hon’ble Shri Justice Sanjay K. Agrawal Order on Board

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5/3/2019

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This writ petition is directed against the order dated 17.12.2018 passed by the District Judge, Rajnandgaon in Misc. Civil Appeal No.47/2017, whereby learned District Judge has rejected the application filed by the

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2 respondents/petitioner herein for paying proper court fee for grant of probate in favour of the respondents.

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Mr.Purnendra Khichariya, learned counsel for the petitioner, would submit that learned District Judge is absolutely unjustified in rejecting the application.

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I have heard learned counsel for the applicants on the question of admission of civil revision.

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In an application filed by respondents No.1 to 3 herein under Section 276 of the Indian Succession Act, 1925 (hereinafter called as “Act of 1925”) for grant of probate, learned District Judge has clearly recorded a finding that application for probate is not liable to be rejected summarily and with regard to issue No.7, the District Judge has directed for furnishing particulars as required under Section 19-I of the Court-fees Act, 1870 (hereinafter called as 'the Act of 1870”).

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From perusal of the impugned order, it appears that learned District Judge has rightly held that application fulfills the requirement of Section 276 of the Act of 1925 and it is not liable to be rejected summarily and also directed for full compliance of Section 19-I of the Act of 1870, in which I do not find any illegality or perversity.

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6. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed in limine. No cost(s). A copy of this order be sent to the concerned trial Court by E-mail/fax.

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Sd/-

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JUDGE

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B/-

Smt. Ashakiran Swarnakar v. Swapanil Kannauje

Case brief

What is this about?

What did the court decide?

Smt. Ashakiran Swarnakar v. Swapanil Kannauje

Case brief

What is this about?

What did the court decide?

What the court decided

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