Honble Vinod Prasad, J.—This is an unfortunate case which once again echoes the dictum that nothing counts more in life than money not even uterine relationship of siblings. Out of the two sisters and a brother one sister Smt. Hema Pathak and respondent No. 2 Mukul Pathak are fighting for the fortune-jewellary and ornaments etc., left by their deceased mother tooth and nail. An endeavour by this Court for a long period of many months to get the matter settled outside the Court amicably so that the relationship of brother and sister is cemented happily ever henceforth in this ephemeral life has yielded no result as none of the two sides are ready to budge and they want to fight it with all their might and main. Left with no other option this criminal miscellaneous application is being decided on its merits.

2. Respondent No. 2 Mukul Pathak and applicant No. 1 Hema Pathak are issues of late Sri Rajendra Pathak and Smt. Sudha Rani Pathak. Rajendra Pathak who was a Government servant and Deputy Director in Information and Public Relation Department, Government of U.P. breathed his last on 20-9-1989 survived by his wife Smt. Sudha Rani Pathak, applicant No. 1 Smt. Hema Pathak alo