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2024 Supreme(Chh) 219

DEEPAK KUMAR TIWARI
South Eastern Coalfields Limited – Appellant
Versus
Ramdular Khande, S/o. Late Kanhaiya Khande – Respondent


Advocates Appeared:
For the Petitioner: Shri R.S. Baghel.
For the Respondents: Shri Amrito Das, with Shri Anshul Tiwari & Shri KS Pradhan.

ORDER :

1. This Revision has been preferred against the order dated 13th April, 2023 passed in Succession Appeal No.1/2022, whereby the District Judge, Janjgir had affirmed the findings recorded by the Succession Court i.e. the Civil Judge Class-I, Akaltara on 22nd March, 2022 in Succession Case No.6/2021, whereby succession certificate has been issued in favour of respondents No.1 to 3 to receive an amount of Rs.11,92,864/- in CMPF Account No. BLP/13/1380 held by the deceased namely, Rameshwari, respondent No.1 being husband in relation and respondents 2 & 3 being children of the deceased employee and the Appeal was dismissed.

2. Facts of the case are that respondents/non-applicants No.1 to 3 had earlier filed a succession application before the Civil Judge, Class-I, to the Additional Judge, Korba bearing Succession Case No.3/2020, which was withdrawn on 3rd April, 2021. Mother of the deceased employee, namely, Ram Kunwar had also filed a case bearing No.2A/2021 before the Civil Judge, Class -I, Katghora and the same was dismissed for non prosecution on 4th March, 2022. During the pendency of the case, mother of the deceased employee had expired on 7.2.2023 (Annexure-1/6). Responden

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