(O&M) Joginder Kaur v. Manjit Kaur An ORS

IN THE HIGH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

CR-2735-1997 (O&M) Date of Decision : 24.09.2024 Joginder Kaur ....Petitioner

VERSUS

Manjit Kaur and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sanjay Majithia, Senior Advocate with Mr. Sumit Sinha, Advocate for the petitioner. Mr. Sandeep Bansal, Advocate for respondent Nos.1 and 2. None for respondent No.3.

ALKA SARIN, J. (Oral) 1.

Present revision petition has been filed challenging the order dated 04.04.1997 passed by the First Appellate Court granting the succession certificate in favour of respondent Nos.1 and 2 herein. Respondent Nos.1 and 2 had applied for the succession certificate qua the deposits in the saving account in the name of Late Maj. Jagtar Singh, who is stated to have died on 13.08.1988. The applicants, being the widow and the daughter of Late Maj. Jagtar Singh, had filed an application for issuance of the succession certificate. The said application was contested by the mother of Late Maj. Jagtar Singh, namely, Joginder Kaur. The application was dismissed vide order dated 18.01.1994. Aggrieved by the same, an appeal was preferred which was allowed vide order dated 04.04.1997 holding the widow, daughter and the mother entitled to inherit the share of Late Maj. Jagtar Singh lying in Saving Bank Account No.439, State Bank of India, JITENDER KUMAR 2024.09.25 08:44 I attest to the accuracy and integrity of this order/judgment Chandigarh

CR-2735-1997 -2Branch Urmur Tanda. Aggrieved by the same, present revision petition has been filed by Joginder Kaur, the mother of Late Maj. Jagtar Singh, claiming that she had inherited the estate of Late Maj. Jagtar Singh on the basis of a Will dated 30.04.1976 left by her son.

2.

Learned senior counsel appearing on behalf of the petitioner states that he has no instructions in the matter. 3.

Learned counsel for the respondent Nos.1 and 2 states that the dispute in the present case was between the mother of Late Maj. Jagtar Singh and his widow and daughter and that there are no other legal heirs of Late Maj. Jagtar Singh. Learned counsel for the respondent Nos.1 and 2 further states that during the pendency of the present revision petition the petitioner - Joginder Kaur - has since expired and that the only legal heirs of Late Maj. Jagtar Singh would now be the present respondent Nos.1 and 2. 4.

In view of the statement made by learned counsel for respondent Nos.1 and 2, the present revision petition is dismissed as having been rendered infructuous with liberty to revive in case anything survives in the matter. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) 24.09.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.09.25 08:44 I attest to the accuracy and integrity of this order/judgment Chandigarh