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2014 Supreme(Gau) 342

A.M.SAPRE
Wahida Begum – Appellant
Versus
Md. Majid – Respondent


Advocates Appeared:
For the petitioners: Mr. TJ Mahanta, Adv.
For the respondent: Mr. S Murarka, Adv.
.

JUDGMENT AND ORDER

1. This is a civil revision filed by the applicant/petitioner under Section 115 of the Constitution of India against the order 9.3.2011 passed by District Judge, Tinsukia in Misc.(S.C.) Case No.28/201. By impugned order, the learned District Judge dismissed the petitioner’s petition filed under Section 371/372 of the Indian Succession Act ( for short hereinafter called “The Act”) on the first date of hearing summarily without issuing any notice to the non-applicants/respondents So the short question which arises for consideration in this civil revision is whether learned District Judge was justified in dismissing the petitioner’s petition filed under Section 371/372 of the Act ? Facts of the case lie in a narrow compass. One Md Isa – a Muslim by cast and resident of Teen Sukhia died on 11.1.2010. According to the petitioner no.1, she is deceased’s widow and whereas the petitioner no 2 is the minor daughter born out of their wedlock. The deceased also has another widow- Nasreen Fatma and five children born from her. Since deceased left behind considerable movable and immovable property in his name and hence dispute arose amongst his legal representatives /heirs whi






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