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Madhya Pradesh High Court · body

2013 DIGILAW 236 (MP)

Dolly Stuart v. Nelson Verghese

2013-02-22

RAJENDRA MENON

body2013
JUDGMENT : Challenging an interlocutory order Annexure P-1 dated 6.12.2012 passed by the Civil Judge Class-I Bhopal in allowing an application under Order I Rule 10 CPC filed by respondent Nos.9 & 10, this writ petition has been filed. 2. Petitioner is non-applicant No.3 and is a party in an application filed by respondent No.1 Shri Nelson Verghese in the matter of granting Succession Certificate. In the said proceedings finding the respondent Nos.9 & 10 to be a necessary party, the application under Order I Rule 10 CPC is allowed. 3. Even though learned counsel for the petitioner tried to emphasize that respondent Nos.9 & 10 have no right to succession and are not legal representatives of the deceased, but a perusal of order and on going through the reasons indicated therein goes to show that they are necessary party as they have certain interest in the estate of the deceased person. 4. Accordingly, the discretion exercised by the court below and the reasons given cannot be termed as perverse, erroneous or illegal to the extent that interference at this interlocutory stage under Article 227 of the Constitution is called for. 5. Accordingly, finding no ground to interfere into the matter, the petition is dismissed.