Ram Peyari Devi v. Gita Devi And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18946 of 2013 =========================================================== Ram Peyari Devi Wife of Late Kapildev Singh, resident of village- Mahrogria, P.O.- Sanda, P.S.- Islampur, District- Nalanda. .... .... Petitioner/s
Versus
1. Gita Devi Wife of Late Kapildev Singh, resident of village- Mahrogria, P.O.- Sanda, P.S.- Islampur, District- Nalanda.
2. Dhiraj Kumar Son of Late Kapildev Singh, resident of village- Mahrogria, P.O.- Sanda, P.S.- Islampur, District- Nalanda.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Krishna Murari Rawt, Adv. For the Respondent/s :
=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 02-04-2018 Heard learned counsel for the petitioner and perused the record.
2. It appears that as per impugned order the petitioner, who is petitioner of Succession Case No. 17 of 2012 pending before the District Judge, Nalanda, filed this application for setting aside the order dated 15.04.2013 whereby and whereunder the learned District Judge impleaded 2nd wife and son of deceased as party to the case.
3. After hearing the learned counsel for the petitioner and perusing the record, I find that the petitioner is widow of Kapildev Singh who died on 5th December 2010 leaving behind the petitioner and a daughter Girija Devi. The daughter of deceased has not been impleaded as party to the succession case. The respondent Gita Devi
Patna High Court CWJC No.18946 of 2013 dt.02-04-2018 2/2 claims to be 2nd wife of deceased Kapildev Singh. The respondents being 2nd wife and son of deceased filed intervenor petition for impleading them as party to the suit. The order impleading the intervenor as party to the case does not suffer any illegality in view of the fact that the Succession Court is required to issue Succession Certificate after ascertaining as to who are the real successors to get the Succession Certificate.
4. In view of above facts, I do not find any illegality in the order allowing the intervenor petition. This application is devoid of merit and is accordingly dismissed. Considering the nature of case, the court below is directed to expedite the disposal of succession case at the earliest.
(Sanjay Kumar, J) Mahesh/- AFR/NAFR NAFR CAV DATE N/A Uploading Date6/4/2018 Transmission Date