Judgment

By means of this writ petition, the writ petitioners have challenged vires of entry IV of class n heirs mentioned in the Schedule of Hindu Succession Act, 1956. It is further prayed that terms "deceased brother's son", "deceased brother's daughter", "deceased sister s son" and "deceased sister daughter" be taken to have been included in the entry H of class n of Schedule of the Hindu Succession Act, 1956.

2. Brief facts of the case are that the petitioners and respondent No. 4 are related by following pedigree :-

Dr. Pulin Behari Deb (Died 11.4.1944).

Sushma Prabodh Subodh Sudhir Sukumari

(Daughter) Died in 1996 (Son) (Son) (Son) Died in 1986 (Died in 1984 Died in 2008 (Daughter Died in 200

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3. As such, petitioners are nephews of respondent No. 4. Shyamal. Late Dr. Pulin Behari Deb who was ancestor of the petitioners and respondent No. 4 was a medical practitioner who left his properties after his death in Shillong. It is alleged by the petitioners that respondent No. 4 removed certain furnitures and articles from the rooms occupied by Subodh Chandra Deb (deceased) on which the petitioners served a notice da