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2012 Supreme(MP) 826

K.K.TRIVEDI
Deepak Kumar Chouksey – Appellant
Versus
Superintendent, Office of District Ayurvedic Officer Sagar – Respondent


Advocates Appeared:
Mr. Sanjay K. Agrawal, Advocate for the Petitioner
Mr. Rajendra Kumar Pandey, Advocate for the Respondent No. 2 None for the other Respondents.

JUDGMENT :

This revision is directed against the order dated 31-3-2011 passed in Civil Appeal No. 13/2010, by which the appeal filed by the petitioner against the order dated 24-11-2010 passed in Succession Case No. 14/2009 by the III Civil Judge, Class-I, Sagar, has been dismissed.

2. Facts giving rise to filing of this revision in brief are that one late Smt. Pushpa Chouksey was employed as Staff Nurse in District Ayurved Hospital, Sagar. She died intestate on 26-4-2008. The petitioner being the younger brother of said Smt. Pushpa Chouksey, filed an application under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'Act') for grant of succession certificate so as to claim the service benefits of late Smt. Pushpa Chouksey. It was contended in the application that the marriage of Smt.' Pushpa Chouksey was solemnized with one Omkar Rai on 8-2-1981, but the same was not a successful marriage. Said Smt. Pushpa Chouksey was deserted by her husband and she was living with her father and mother. Ultimately a civil suit was filed by Smt. Pushpa Chouksey for grant of divorce against Omkar Rai in the Court of IV Additional District Judge, Sagar, being Civil Suit No.










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