Dismissed

Jamna Devi v. Kamal Kishore and Anr.

Rajasthan HC26 Jul 2024CMA/414/2011

Case brief

AI extract

What is this about?

The High Court at Jodhpur dismissed a Special Civil Misc. Appeal filed regarding non-issuance of succession certificate during criminal proceedings. The appeal was held infructuous as the respondent was exonerated in the underlying criminal trial, rendering the ground for delay moot.

What did the court decide?

The Special Civil Misc. Appeal was dismissed as having become infructuous.

Jamna Devi Vs Kamal Kishore and Anr. — Succession and Inheritance | Rajasthan HC (2024)

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[2024:RJ-JD:30834]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 414/2011

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Late Jamna Devi Somani W/o Lt. Sh. Aatmaram through her legal representatives:-

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Ghisulal Somani S/o Lt. Sh. Aatmaram Somani, Aged 50 years, R/o 43, Keria Darwaja, In front of Sugan Palace, Pali.

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Manju Somani D/o Lt. Sh. Aatmaram Somani, Aged 31 years, R/o 43, Keria Darwaja, In front of Sugan Palace, Pali.

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Smt. Basanti Nyati W/o Sh. Govindram Nyati D/o Lt. Sh. Aatmaram Somani, Aged 60 years, R/o House No.330, Sector 4, Behind Narayan Seva Sansthan, Hiran Magri, District Udaipur.

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----Appellant

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Versus

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Kamal Kishore Naval S/o Sh. Omprakash Maheshwari, R/o House No.2239, Adarsh Colony, Opposite Durbash Kendra, Gulabpura, Tehsil Gulabpura, District Bhilwara.

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General Public.

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----Respondent

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For Appellant(s)	: Mr. Narendra Rajpurohit.
For Respondent(s)	: Mr. Shreyansh Ramdev.

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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26/07/2024

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Learned counsel for the respondents submits that the Criminal Case under which the respondent was undergoing the trial, has been concluded and the respondent has been exonerated from the charges. He further submits that thus the present appeal, which has been filed by the appellant on the sole-ground that the succession certificate could not be issued in favour of the respondent as he is facing a trial, does not survive.

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(2 of 2) [CMA-414/2011]

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[2024:RJ-JD:30834]

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Learned counsel for the appellant is not in a position to refute the same while considering the submissions made by learned counsel for the respondent that the respondent has already been exonerated in the criminal trial, he was facing.

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In view of the submissions made, the present appeal is dismissed as having become infructuous.

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(Dr. NUPUR BHATI),J

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78-pradeep/-

Jamna Devi v. Kamal Kishore and Anr.

Case brief

What is this about?

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Jamna Devi v. Kamal Kishore and Anr.

Case brief

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