NAFR HIGH COURT OF CHHATTISGARH, BILASPUR C.R. No. 9 of 2021 Reserved on 04.02.2022 Pronounced on 10.02.2022 (Proceeding through Video Conferencing)

• Ku. Sanjana Sharma D/o Late Shri Kamal Narayan Sharma presently Aged About 31 Years R/o Old Sarkanda, Shivghat, P.S. - Sarkanda, District- Bilaspur, Chhattisgarh. ---- Applicant Versus

1. Shobha Sharma Wd/o Late Kamal Narayan Sharma Aged About 42 Years R/o Shivghat, Purana Sarkanda, Bilaspur, Chhattisgarh.

2. Public At Large (Associated With The Case)

3. Executive Engineer Public Works Department National Highway Bilaspur, Chhattisgarh. ---- Non-applicants ___________________________________________________________

For Applicant: Ms. Sanjana Sharma in person.

For Non-applicant No.1: Shri Pradeep Kumar Jogi, Advocate.

For State/Non-applicant No.3: Shri Vinod Tekam, Panel Lawyer.

Single Bench:Hon'ble Shri Sanjay S. Agrawal, J CAV Order/Judgment

1. This Petition has been preferred by Non-applicant No.1-Ku. Sanjana Sharma under Section 384(3) of Indian Succession Act, 1925 (hereinafter referred to as the 'Act, 1925') being aggrieved with the order dated 13.01.2021 passed by the learned First Additional District Judge, Bilaspur (C.G.) in Miscellaneous Civil Appeal No.14/2010, whereby the Court below, while affirming the order dated 31.01.2020 passed by First Civil Judge, Class-I, Bilaspur(C.G.) in Succession Case No.31/2016, has dismissed the appeal holding that the Applicant-Shobha Sharma is the widow of deceased Kamalnarayan Sharma and is entitled to get the succession certificate with regard to pension and also for her appointment on compassionate ground. The parties to this petition shall be referred hereinafter as per their description before the trial Court.

2. Briefly stated the facts of the case are that the Applicant-Shobha Sharma initiated the proceedings under Section 372 of the Act, 1925, claiming succession certificate by submitting inter alia that she is the legally wedded wife of Kamalnarayan Sharma, who died on 09.01.2016 during the course of his employment while working as Assistant Draftsman in Public Works Department. It is pleaded in the application that her marriage was solemnized with him on 08.06.2006 after the death of his first wife, namely, Smt. Ranjana Sharma, and therefore, after the death of her husband, she is entitled for all the benefits, emoluments, money deposited in bank and other properties left behind him. Further contention of her is that he (Kamalnarayan Sharma) has never executed a deed of Will in favour of his daughter, namely, Ku. Sanjana Sharma and, therefore, she alone is entitled to get the succession certificate

3. While denying the factum of alleged marriage of the Applicant with said Kamalnarayan Sharma, it is stated by Non-applicant No.1-Ku. Sanjana Sharma in her reply that she is the daughter of deceased Kamalnarayan Sharma and her father has never performed the second marriage with the Applicant. It is contended further that her father has executed a registered deed of Will in her favour on 15.07.2015, and therefore, she alone is entitled to avail all the benefits of her father and, the application as made seeking grant of succession certificate is, therefore, liable to be rejected.

4. The trial Court, after considering the evidence led by the parties, has arrived at a conclusion that said Kamalnarayan Sharma had executed a registered deed of Will (Ex.D.1) in favour of his daughter -Ku. Sanjana Sharma on 15.07.2015, and held further that the Applicant-Shobha Sharma is the legally wedded wife of him and, accordingly allowed the said application in part entitling the Applicant for the grant of succession certificate with regard to the pension and for her appointment on compassionate ground.

5. The aforesaid finding of the trial Court has been affirmed further by the appellate Court in appeal preferred by Non-applicant No.1 under Section 388(2) of the Act, 1925. This is the order, which has been questioned by way of preferring this petition.

6. Non-