The Patna High Court dismissed a writ petition seeking impleadment in a succession case filed by the widow of Shambhu Kumar Yadav. The court held that the Sub Judge's rejection of the objection was correct, finding no cause for interference.
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Patna High Court CWJC No.17633 of 2012 (3) dt.04-10-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17633 of 2012
.... .... Petitioner/s Versus
Most. Sushila Devi Wife of Shambhoo Kumar Yadav Resident of Village- Jasauli Pakauli, Thana- Pachrukhi, Dist.- Siwan, Presently Residing At Village + Post Telkathu, P.S. M.H. Nagar, CircleHussainganj, District- Siwan
.... .... Respondent/s
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
03. 04-10-2012 Heard Mr. Ranjeet Kumar, learned counsel appearing on behalf of the petitioners.
The petitioners are aggrieved by the order dated 02.02.2012 passed by learned Sub Judge-1st , Siwan in Succession Case No.35 of 2005, whereby the learned court below has rejected the objection raised by the petitioners seeking impleadment in the succession case.
The case in question has been filed by the widow of one Shambhu Kumar Yadav praying for issuance of a succession certificate giving rise to Succession Case No. 35 of 2005 and in which the petitioners sought impleadment and which has been rightly rejected.
No cause for interference is made out. Application is dismissed.
(Jyoti Saran, J)
S.Sb/-
2 issues framed by the court
whether the High Court should interfere in a succession case where impleadment of petitioners was rejected by the Sub Judge
if the High Court can exercise its writ jurisdiction against the impugned order rejecting impleadment in a succession case
Vidhyawati Devi W/O Late Santosh Kumar
Amit Kumar Yadav
Sushila Devi
Jyoti Saran
As recorded by the court registry
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