Registrar allowed an interim application for early hearing of I.A. No. 5202/2018 seeking return of original will and death certificate. Documents are to be returned subject to certified copy deposit on verification.
Documents to be returned to counsel on proper verification; petitioner must ensure certified copies are filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~18
..... Petitioner Through: Mr.R.S. Mishra & Mr.Anand Mishra, Advocates
versus
THE STATE & ORS
..... Respondent Through: None
CORAM: MS. DEEPALI SHARMA (DHJS), JOINT REGISTRAR (JUDICIAL)
O R D E R
% 04.05.2018
I.A. No. 6137/2018 filed by the applicant/petitioner for early hearing of I.A. No.5202/2018
In view of the facts mentioned therein, the above said I.A. is allowed. I.A. stands disposed of.
I.A. No. 5202/2018 filed by the petitioner under Section 151 CPC for return of the original Will dated 22.12.2009 and original death certificate dated 23.06.2011 of late Sh.Chander Pal Gupta
The present petition was disposed of by the Hon’ble Court vide order dated 11.01.2018. Respondent no.1 was proceed ex-parte in the matter and a no objection certificate was filed by respondents no.2 to 4 and thus it is recorded in the order dated 11.01.2018 that there are no contesting respondents in the matter.
The present application has been filed on behalf of the petitioner for return of Will dated 22.12.2009 and original death certificate dated 23.06.2011 of late Sh.Chander Pal Gupta. The said documents were filed by the petitioner on 21.03.2015.
It is stated by the counsel for the petitioner that no appeal or any other proceeding arising out of order dated 11.01.2018 has been preferred by any of the parties. An affidavit of the petitioner to this effect has also been placed on record.
Subject to petitioner filing certified copies of the original Will dated 22.12.2009 and original death certificate dated 23.06.2011 of late Sh.Chander Pal Gupta, the said documents be returned to the counsel for the petitioner on proper verification of the documents and identity.
The petitioner/counsel is directed to appear to before the AR(O) for return of the documents as above on 07th May, 2018 at 2:00 pm .
I.A. accordingly stands disposed of as allowed.
In view of the above, the date already fixed, i.e., 23.05.2018 stands cancelled.
DEEPALI SHARMA (DHJS) JOINT REGISTRAR (JUDICIAL)
MAY 04, 2018/tp
2 issues framed by the court
Whether an application for the return of original will and death certificate allowed for proper verification.
Whether to direct petitioner to appear before Assistant Registrar for return of documents.
1 provisions across 1 enactments
Shaktunthla Rani
The State & ors
Deepali Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
