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2019 DIGILAW 2730 (RAJ)

Pushpa v. Shanta Bai

2019-10-22

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - With the consent of learned counsel for the appellant, the matter has been heard finally. 2. This misc. appeal under Order 43 Rule 1 CPC has been preferred by the appellant claiming the following relief: "It is therefore, prayed that the appeal may kindly be allowed and the order dated 22.9.95 be set aside and the succession certificate be allowed in favour of the parties with equal share in the amount deposited in Bank." 3. The appellant and the respondents are first class heirs. Admittedly, the appellant is daughter of late Shri Madan Lal and has not been given her share out of the benefits. The learned court below has dealt with the issue in accordance with relinquishment plea taken by the respondents, stating that the appellant was already married, and therefore, was having no right. 4. Looking into the meagre amount of Rs.15,000/- coming to the share of the appellant being the real sister and daughter of the respondents and the disbursement of the amount pertains to the succession certificate way back in 1995, closure of the case would be justified. 5. At this juncture, this Court does not find any reason to interfere in the present appeal, and the same is accordingly dismissed. All the pending applications stand disposed of.