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2022 Supreme(Raj) 1744

ANOOP KUMAR DHAND
Leela Bai – Appellant
Versus
Rama Bai – Respondent


Advocates appeared:
Mr. Rajveer Sharma Through Vc, for the Appellant
Mr. Ajay Kumar Tanenia and Ms. Archana Mantri Through Vc, for the Respondent.

JUDGMENT

1. With the consent of counsel appearing for both the parties, the matter is heard finally at this stage.

2. The present appeal under Section 384 of the Indian Succession Act, 1925 (hereinafter referred as 'the Act of 1925') is directed against the order dated 04.12.2020 passed by the Court of learned District Judge, Kota (for short 'the learned Court below') in civil misc. application No. 125/2020, by which the application filed under Section 372 of the Act of 1925 has been dismissed on the ground of territorial jurisdiction.

3. Brief facts giving rise to this appeal are that the applicants submitted an application under Section 372 of the Act of 1925 before the learned Court below for getting succession certificate.

4. It was pleaded in the application that the husband and father of the applicants, namely, Shri Bal Kishan was a Senior Clerk under the West Central Railway, Kota Division and while serving, he expired on 02.04.2018. After death of Bal Kishan, the applicants and the respondents approached the authorities to get the terminal benefits of the deceased. However, the authorities directed them to get succession certificate from the competent court of law.

5. In pursuan

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