Swami Gurudev Muni Chela Sant Sewa Dass Ji v. State & ANR
$~14 & 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 513/2012 & CM No. 31120/2015 & Rev Pet. 603/2015 SWAMI GURUDEV MUNI CHELA SANT SEWA DASS JI ..... Appellant Through:
Ms. Sakdhi Kakkar, Advocate alongwith Mr. C.D. Singh, Advocate.
versus STATE & ANR ..... Respondents Through:
Mr. Peyoosh Kalra, ASC GNCT alongwith Mr. Sudhindra Tripathi, Advocate for R-1.
And FAO(OS) 26/2013 & CM No. 31097/2015 & Rev Pet. 601/2015 SWAMI GURUDEV MUNI ..... Appellant Through:
Ms. Sakdhi Kakkar, Advocate alongwith Mr. C.D. Singh, Advocate.
versus STATE & ANR ..... Respondents Through:
Mr. Peyoosh Kalra, ASC GNCT alongwith Mr. Sudhindra Tripathi, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R
% 18.12.2015 The present review petitions seek recall of a judgment of the
Court dated 30.09.2015, disposing of FAO Nos. 513/2012 and 26/2013. The Court had upheld the decision of the learned Single Judge, recognising and giving effect to the Will (last testimony of one Amar Muniji).
It is urged that the Court's observations that there was objective material to establish that the testator had discontinued his association with his original order i.e. Udasin is erroneous. In support of this, learned counsel relies upon the testimony of two witnesses i.e. Swami Om Prakash Ji and Swami Naarendra Das Ji-both of who have expressly stated that the testator had been taken into the Udasin's fold and continued to profess it. Particularly, the testimony of Om Prakash has been relied upon-he mentioned in the cross-examination that he had visited Amar Muniji at Dehradun where the Ram Tirath Mission is located. It was also submitted that the testimony of the propounder Kishan Das itself underlines that Swami Amar Muniji belongs to the Udasin Sect. This Court has considered the submissions.
The judgment has not only analysed but even extracted the depositions of certain witnesses. That the Court recognised Amar Muniji's initiation to the Udasin Sect is beyond doubt; it is part of the narrative itself. However, after he embraced the Ram Tirath Mission and became its President or Head, the issue was whether his Udasin belief, conformed to that of the new mission or sect that he joined or associated himself with. On this, the Court was of the opinion that there was no objective material to establish or prove that the testator continued with his Udasin belief. It was on this finding that the probate granted by the learned Single Judge in the impugned order was upheld.
through the submissions and considered the materials emphasised during the course of the hearing, this Court does not discern any error apparent on the face of the record or otherwise calling for the review of the judgment. The review petitions are accordingly dismissed. S. RAVINDRA BHAT, J DEEPA SHARMA, J DECEMBER 18, 2015 sapna