ORDER

08.04.2026

1. The appellants have challenged order dated 27-02-2024 passed by learned Principal District Judge, Bandipora, whereby petition under Section 214 (1)(b) of Succession Act for grant of succession certificate in favour of the appellants herein has been dismissed by the learned trial court.

2. Heard learned counsel for the appellants and perused the record

3. It appears that predecessor-in-interest of the petitioners had filed a complaint under Section 138 of Negotiable Instruments Act before the court of learned Judicial Magistrate, Ist Class, Bandipora. It was referred to the Special Lok Adalat for settlement. It also appears that the complaint came to be disposed of in terms of settlement arrived at between the parties to the complaint by way of award dated 11-11-2021 passed by the Lok Adalat.

4. It seems that after the passing of the award by the Lok Adalat, the award-holder died, and the appellants, who claim to be the legal heirs of the award-holder, filed an execution petition before the learned Magistrate, which is stated to be pending in the said court. The legal heirs of the Award holder-the appellants herein approached the court of Principal District Judge, Bandipora, for grant of succession certificate so as to enable them to collect the proceeds of the Award before the Executing Court.

5. A perusal of the impugned order passed by the learned District Judge on the petition for grant of succession certificate filed by the appellants would reveal that the same has been dismissed on the ground that the Lok Adalat, while recording the compromise between the parties, has used the expression “dismissed” and, as such, there is not debt due to the petitioners/ their predecessor-in-interest.

6. The aforesaid view taken by the learned District Judge appears to be too technical because, when we read the award of the Lok Adalat as a whole, it is clearly discernable that the parties have been directed to be governed by the terms of the compromise, and the compromise deed has been made part of the award. Merely because, due to inadvertence, expression “dismissed” has been used by the members of the Lok Adalat does not disentitle the petitioners from the fruits of the award. The reasons adopted by the learned District Judge, Bandipora, in dismissing the petition are not sustainable in law.

7. In view of the above, the instant appeal is allowed and the impugned order passed by the learned Principal District Judge, Bandipora, is set aside. The matter is remanded to the said court for decision of the petition for succession certificate filed by the appellants on its merits in accordance with law.