AFR Digitally RAGHVENDRAsigned by JAT RAGHVENDRA JAT HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 196 of 2024 Order Reserved on: 15.9.2025 Order Delivered on: 19.11.2025 • Rahul Kumar Dhruve S/o Non Applicant No. 3 Bhaddelal Dhruve Aged About 34 Years R/o Kanchanpur Tahsil And District Dindori Madhya Pradesh.

... Applicant(s)

versus

1. Public General Nil.

2. Branch Manager Bank Of India Branch Mungeli District Mungeli Chhattisgarh As Per Honble Court Order Dated 15-01-2025 And

17-03-2025.

3. Lallaram S/o Late Ramarao Pradhan Aged About 60 Years R/o Kathotiya Post Dindori Police Station And Tahsil Lormi District Mungeli Chhattisgarh.

... Respondent(s)

For Applicant(s) : Mr. Kishan Kumar Yadav, Advocate on behalf of Mr. Awadh Tripathi, Advocate.

For Respondent(s) No. 3 : Mr. Pankaj Singh, Advocate.

Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Order

1. By way of this revision, the applicant has prayed for following reliefs:-

“It is therefore, prayed that revision petition may kindly be allowed and the impugned order dated 04.11.2024 passed by Learned Principal District Judge Mungeli District Mungeli in Civil MJC NO 130/2024 be set aside and the order dated 10.09.2024 passed senior Division 1st Civil judge by the learned Mungeli District Mungeli C.G, in succession case No

09/2021 may be sustained in the interest of justice.”

2. The applicant has preferred this revision being aggrieved by the order dated 4.11.2024 whereby an application filed by respondent No. 3 Lallaram for grant of succession certificate under Section 372 of the Indian Succession Act, 1925 on account of death of Ranjana Devi Pradhan and to get amount of Rs. 15,00,000/- deposited in the account of late Ranjana Devi Pradhan has been partly allowed by the 1^st Civil Judge, Senior Division, Mungeli vide its order dated 10.9.2024 and against the said order when an appeal was preferred by said respondent No. 3 Lallaram the appeal was allowed in favour of Lalla Ram and for the entire amount succession certificate has been directed to be issued in favour of Lallaram. The present applicant has challenged the order passed by the appellate Court while setting aside order of the 1^st Civil Judge, Senior Division, Mungeli while allowing the appeal.

3. Brief facts of the case, is that, the applicant has preferred this revision, being aggrieved by the order dated 4.11.2024, whereby an application filed by respondent No. 3, Lalla Ram, for the grant of a succession certificate under Section 372 of the Indian Succession Act, on account of the death of Ranjana Devi Pradhan, to claim Rs. 15,00,000/- deposited in her account, was partly allowed by the 1^st Civil Judge, Senior Division, Mungeli, vide order dated 10.9.2024. When an appeal was filed by Lalla Ram against the said order, the appellate Court allowed the appeal and directed that the succession certificate be issued in his favor for the entire amount. The applicant challenged the appellate Court’s order setting aside the trial Court’s decision. Briefly, the applicant had filed an application under Section 372 of the Indian Succession Act seeking a succession certificate to claim Rs. 15,00,000/- deposited in the Bank of India, Mungeli Branch, following the death of Ranjana Devi Pradhan. It was contended that the deceased’s son-in-law, Lalla Ram, was entitled to the amount; however, the bank manager advised obtaining a succession certificate. The trial Court, after considering the pleadings and evidence, held that both the applicant and respondent No. 3 were entitled to the amount but ultimately awarded it to respondent No. 3 based on his nomination by the deceased. Aggrieved, Lalla Ram appealed, and the appellate Court held that nomination alone does not entitle a person to the property, and as a near maternal relative of the deceased under Section 15(2)(b) of the Indian Succession Act, he was entitled to inherit the property. The trial Court erred in conferring ownership on the nominee, who is merely a custodian. Evidence showed that