1. One Khuda Baksh an employee of SKIMS Srinagar passed away on 3-11-1995 and on petitioner™s motion Succession Certificate regarding debts securities payable to his legal representatives was issued by Principal District Judge Srinagar on 22-5-2000 in Succession file No. 267/96 in following terms :

Therefore, a succession certificate is ordered to be issued in favour of the parents, minor daughter and widow of the deceased on their furnishing several indemnity bonds indemnifying any other claim if and when established in a Court of law. Parents shall get one sixth of the total amount. Out of the balance amount widow shall get one eighth and the remaining amount shall go to minor daughter. The share of the minor shall be deposited in a scheduled bank in the name of the minor till she attains the age of majority. The bank account shall be operative subject to the terms and conditions laid down in the guardianship certificate of the minor.

2. Aggrieved thereby the parents of deceased appealed against the same in this Court on the ground that widow of the deceased namely Muneera was a divorcee and as such not entitled to any debts securities and accordingly sought modification in the order. The appeal was disposed of by this Court on 26-4-2002 in following terms :

From the afore discussed evidence it is prima facie proved that Khuda Bakash Rasti died in the year 1995 after leaving behind his parents, the appellant and respondent No. 3, his widow, respondent No. 2 Mst. Muneera Begum and respondent No. 4, Quarat-ul-Ain and also left behind an amount detailed in para (6) of the petition for issuance of Succession Certificate. Parties are admittedly Muslims as a result of which the trial Court has rightly ordered issuance of Succession Certificate in favour of the parties in accordance with the Muslim Law, I do not find any infirmity or illegality in the order impugned.

3. The above said order was sought to be reviewed by appellant through Civil Review petition No. 18/02, which was disallowed by this Court on 30-4-2004 in following terms :

Viewed thus, the Review petition is without merit and is dismissed. However, it be noted that the question whether Muneera Begum was legally wedded wife of Khuda Baksh Rasti at the time of his death or not is still an open question though for purpose of the Succession Certificate and the proceedings under Guardians and Wards Act, the finding of Succession Certificate Court (District Judge) is to be recorded as a final word on the questions of right to get the Succession Certificate.

4. After dismissal of Review petition the appellants filed an application before PDJ Srinagar for modification of original Succession Certificate of 22-5-2000 seeking re-fixation of shares payable to beneficiaries thereunder and its extension to certain other debts. The said petition was disposed of by concerned PDJ on 7-4-2003 in following terms :

Accordingly this application is dismissed. As maintained by the Hon™ble High Court the Succession Certificate to the extent of 1/6 to parents under Muslim Law and 1/8th to widow and remainder to the daughter shall stand.

5. Against PDJ™s said order of 7-4-2003 the appellant filed another appeal before this Court being Civil 1st Appeal No. 36/03 which was disposed of by this Court on 30-4-2004 : (reported AIR 2004 J & K 147) in following terms (para 5) :

In the aforesaid view of the matter the impugned order of the District Judge Srinagar is set aside and the Ld. District Judge is directed to decide afresh the extension of the Succession Certificate, if any, to debts/securities payments due to the deceased claimed before the Succession Certificate Court in respect of the certificate issued on 22-5-2000 in Succession file 27/96. The District Judge, shall rectify the extent of interest and indicate the share to be received by each of the parents as also the widow and the daughter in respect of the amounts specified in the certificates lying with SKIMS Srinagar and J & K Bank Soura.

6.

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