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2016 Supreme(Chh) 511

SANJAY K.AGRAWAL
Dharini Ambika Prasad Panigrahi – Appellant
Versus
Shrimati Sita Tiwari – Respondent


Advocate Appeared:
For the Appellants :Vishnu Koshta, Shobhit Koshta, Advocates
For the Respondents:Vikas A. Shrivastava, Ms. Pushpa Dwivedi, Advocates

ORDER :

Sanjay K. Agrawal, J.

1. Shri Abhay Tiwari while working as Assistant Sub-Inspector in Municipal Corporation, Jagdalpur died in harness on 28.07.2014. His wife Smt. Sita Tiwari respondent No. 1 herein filed an application under Section 372 of the Indian Succession Act, 1925 for grant of succession certificate impleading Dharini/petitioner herein as a party non-applicant in that application stating that she has claimed before the Collector to be the second wife of her husband Shri Tiwari.

2. In the said application and the petitioner herein filed her reply stating inter alia that deceased Shri Tiwari during his lifetime with the consent of his wife/respondent No. 1 and family members, on 10.07.2011 entered into second marriage with her and she was residing with Shri Tiwari since 10.07.2011 and claimed succession certificate in her favour.

3. During the pendency of application-petitioner herein filed an application for amendment of her reply proposing to amend that the marriage of respondent No.1 was solemnized with Shri Tiwari in the year 1989 and since he had no issue with the respondent No. 1 therefore, the respondent No.1 had deserted her husband Shri Tiwari and then only Shr







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