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DEEPAK KUMAR TIWARI
Laxmi Shadangi S/o Late Madhav Prasad Shadangi – Appellant
Versus
Pankaj Kumar Shadangi S/o Late Madho Prasad – Respondent
ORDER :
Deepak Kumar Tiwari, J.
1. The petitioners have filed this petition and prayed for the following reliefs:-
10.2 This Hon’ble Court, may kindly be pleased to set-aside the compromise award/decree date dated 26.08.0007 passed by Permanent Lok Adalat Banch No.04 Raigarh in Miscellaneous Civil Suit No.09/2007.
10.3 This Hon’ble Court, may kindly be pleased to pass an appropriate order / direction if the money deposited in the name of Madhav Prasad Shadangi at Kshetiya Gramin Bank Raigarh in savings account No.19/3736 of Rs.04,98,176/- and 3,00,00/- Rs. fixed deposited in the same Bank and at post office Raigarh as fixed deposited of 50,000/- has been withdrawn by the respondents on the basis of compromise award/ decree date dated 26.08.2007 passed by Permanent Lok Adalat Banch No.04 Raigarh in Miscellaneous Civil Suit No.09/2007 the same shall be recover from them.
10.4 any other relief/reliefs as deemed fit by this Hon’ble Court.”
2. Facts of the case are that respondent No.1, brother of petitioner No.1, filed an application under Section 372 of the Indian Succession A
Compromise awards in succession cases must adhere to procedural requirements, including proper notice and investigation, to prevent fraudulent outcomes.
The deposit of the sum under Section 379(1) of the Indian Succession Act, 1925, for the issuance of a Succession Certificate under Section 372 is not mandatory and does not affect the maintainability....
Entitlement to family pension and succession benefits granted to the second wife, affirming her legal status as a widow under applicable pension rules, despite the opposition from children of the fir....
Succession Certificate – Courts are required to deal with application under Section 372 of Succession Act in a summary manner without asking for strict proof as contemplated under Indian Evidence Act....
judgment and decree passed by the learned First Appellate Court having come to the conclusion that the proceedings for obtaining Succession Certificate was defective and the Certificate was obtained ....
The court clarified that proceedings under Section 372 of the Indian Succession Act are summary and do not grant final adjudication of rights, allowing for provisional determinations to meet urgent n....
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