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High Court of Punjab and HaryanaFAO/234/1994dismissed

Hans Raj Punyani v. Bhim Sain Chhabra Etc.

2026-05-12Mr. Justice Pankaj Jain2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-12.05.2026 (I) FAO-234-1994 (O&M) Hans Raj Punyani ... Appellant

Versus

Bhim Sain Chhabra and another ... Respondents (II) FAO-5351-2002 (O&M) Bhim Sain Chabra ... Appellant

Versus

Hans Ran Punyani ... Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present:- Mr. Adarsh Jain, Senior Advocate with Ms. Kamaldeep Kaur, Advocate for the appellant in FAO-234-1994 and for the respondent in FAO-5351-2002.

Mr. Deep Inder Singh Walia, Advocate, for respondents in FAO-234-1994 and for the appellant in FAO-5351-2002.

(through video conferencing) ***** PANKAJ JAIN, J. (Oral) 1.

The present appeals arise out of proceedings under Section 276 of the Indian Succession Act.

PANKAJ KAKKAR 2026.05.14 18:02 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh

FAO-234-1994 (O&M) & FAO-5351-2002 (O&M) ( 2 ) 2.

The dispute relates to succession of Smt. Raj Rani. Respondent No.1 - Bhin Sen Chabra, father of Raj Rani, and Hans Raj Punyani, husband of Raj Rani, are fighting to claim succession. 3.

Mr. Adarsh Jain, Senior Advocate, fairly submitted that subsequent to the present proceedings under Indian Succession Act, suit for declaration was filed by deceased's husband Hans Raj impugning agreement dated 1.8.1988 (Ex.PW8/A) and affidavit dated 1.3.1988 (Ex.PW8/B) relied upon by the Courts while granting succession certificate in favour of deceased's father. The suit filed by the husband stands dismissed vide judgment and decree dated 9.6.1993 passed by learned Sub Judge, 1st Class, Rohtak. The same has attained finality.

4.

In view of above, this Court finds that the dispute having already been adjudicated in favour of father of the deceased by the Civil Court, the appeal preferred by husband i.e. FAO-234-1994 is ordered to be dismissed. The application filed seeking succession certificate under Section 276 of the Indian Succession Act is ordered to be dismissed. The succession certificate granted by the Court in favour of father of the deceased is upheld. The appeal filed by father i.e. FAO-5351-2002 stands disposed off accordingly. 5.

All pending miscellaneous application(s), if any, shall stand disposed off.

6.

A copy of this order be placed on the file of another connected case.

12.05.2026 ( PANKAJ JAIN ) Pankaj JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2026.05.14 18:02 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh