Usha Arora v. Chameli Devi (Deceased) Through Lrs And Others
(O&M)
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& ) *. PANKAJ JAIN, J. (ORAL) Instant revision petition is directed against the order dated 04.03.2022 (Annexure P-6) passed by Additional District Judge Ambala exercising powers of the Appellate Authority under the Indian Succession Act, 1925 (for short 'the 1925 Act') whereby order dated 31.05.2013 (Annexure P-4) passed by Civil Judge, Senior Division Ambala exercising powers under the 1925 Act stands reversed and the application filed under Section 372 of the 1925 Act has been ordered to be dismissed. POOJA SHARMA 2025.02.24 11:57 I attest to the accuracy and integrity of this document
(O&M) Counsel for the petitioner at the outset brings to the notice of this Court that the parties are already before Civil Court in a regular suit at Ludhiana wherein the precise WILL is in issue. In view of the law laid down by Supreme Court in the case of Madhvi Amma Bhawani Amma Vs. Kunjikutty Pillai Meenakshi Pillai, 2000 AIR (Supreme Court) 2301 the proceedings before the succession Court being summary in nature shall not operate as res-judicata in subsequent proceedings wherein the rights of the parties are being adjudicated finally.
Learned counsel for the petitioner submits that he will be satisfied if the rights of the parties are held to be subject to final adjudication in the regular suit.
Learned counsel for the respondents do not dispute that the parties are already before the Civil Court.
Keeping in view the admitted proposition of law and the factual position, present revision petition is disposed off observing that findings recorded in the impugned orders shall not affect the rights of the parties in Civil suit. ( PANKAJ JAIN ) 18.02.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No POOJA SHARMA 2025.02.24 11:57 I attest to the accuracy and integrity of this document