Shri Pranab Kumar Mistry And ANR. v. Smt. Shipra Mistry And ANR.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR ] *** FMAT/1/2023 IA No.CAN/1/2023 Shri Pranab Kumar Mistry and another Vs.

Smt Shipra Mistry and Another Mr. KMB Jayapal ... for the appellants Ms. A.S.Zinu ... for the respondents January 20, 2023 [SR] Item No.4 The maintainability of this appeal is not under challenge in this case, but the challenge in this case is against an order dated 18th August, 2022, directing the Bench Clerk to hand over a signed copy of the succession certificate to the applicants, after retaining duplicate copy thereof for future reference.

Mr. KMB Jayapal, learned advocate representing the appellants candidly submits that the succession certificate issued by the District Delegate is not under challenge in this appeal, because the interest of the appellants has already been taken care of.

Mr. Jayapal has focused the provisions of section 375 of the Indian Succession Act, 1925, and upon making reference of such provision of law, submits that, before granting a copy of the succession certificate to the respondents, the provisions available under section 375 of the Indian Succession Act, 1925, ought to have been strictly adhered to.

Ms. A.S.Zinu, learned advocate representing the respondents submits that 2/5th share of the appellants has already been withheld, while granting succession certificate protecting interest of the appellants. She has, however, no objection with regard to adherence to section 375 of the Indian Succession Act, prior to issuing of copy of the succession certificate to the respondents, as directed to be issued for this purpose.

When Ms.A.S.Zinu, learned advocate representing the respondents has no objection to the adherence of section 375 of the Indian Succession Act, as proposed by Mr. Jayapal, we just dispose of this appeal and the connetion application therewith without entering into merits of the case with a direction upon the Court below to ensure strict adherence to the provisions available under section 375 of the Indian Succession Act, prior to issuance of copy of the succession certificate to the respondents in accordance with law. The appeal as well as connected application stand disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court, pending application of certified copy upon compliance of formalities.

( Subhasis Dasgupta, J. ) ( Saugata Bhattacharyya, J. )