Birendra Kumar, J.

1. Heard the parties.

2. By the impugned order dated 30.11.2010 passed in Succession Case No. 34 of 2005, the learned Fast Tract Court-1st , Bhagalpur has refused to grant succession certificate in favour of the appellant mainly for the reason that appellant failed to prove that he is adopted son of Late Ganesh Poddar for whose property succession certificate was sought for.

3. The case of the applicant before the learned court below was that applicant-Shobhakant Kumar @ Poddar was adopted son of Late Ganesh Poddar vide registered adoption deed dated 22.10.1975 vide Ext. 1. The adoption was made by Shobhagayabati Devi, wife of Ganesh Poddar along with Ganesh Poddar. After death of Ganesh Poddar and his wife, the appellant claims to be a sole owner of his movable and immovable property.

4. Respondent No. 5 and 6 Pritam Kumar Deepak and Prahlad Poddar contested the claim of the appellant on the ground that appellant was never adopted by Late Ganesh Poddar or his wife who were issueless nor the appellant has disclosed the factum of adoption in his three earlier applications brought for grant of succession certificate in respect of the property of Late Ganesh P