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2021 Supreme(MP) 313

VISHAL MISHRA
Beharilal – Appellant
Versus
Public at Large – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vijay Shrivastava Yogi, Learned Counsel
For the Respondent: Rohit Jain, Learned Counsel

JUDGMENT :

Vishal Mishra, J.

With the consent of the parties, the matter is finally heard.

1. The present Civil Revision under Section 115 of C.P.C. has been filed challenging the order dated 20th February, 2020 passed by the Second Additional District Judge, Gwalior, whereby confirming the order dated 10.07.2019 passed by Vth Civil Judge, Class-I, Gwalior in M.J.C. Succession No. 18 of 2016 filed by Smt. Kiran Sharma, respondent No. 4 herein.

2. It is alleged that the petitioner is the brother of deceased Radhe Shyam Sharma and has preferred an application under Section 372 of Indian Succession Act claiming issuance of succession certificate with respect to the properties left behind by his brother the deceased Radhe Shyam Sharma. The application filed by the petitioner was registered as MJC No. 21/2016. Another application seeking succession certificate was filed by respondent No. 4 Kiran Sharma, claiming herself to be the daughter of the deceased Radhe Shyam Sharma and she has also prayed for issuance of succession certificate. Both the applications were consolidated for analogous hearing by the learned Civil Judge and were considered and decided by a common order dated 10.07.2019.

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