IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 10 OF NOVEMBER, 2025 MISC. PETITION No. 5972 of 2025 ARUN KUMAR TIWARI Versus THE GENERAL PUBLICE AND OTHERS Appearance:

Shri Dheerendra Kumar Pandey - Advocate for the petitioner.

Shri Lokesh Jain Government Advocate for the respondent-State.

ORDER By way of this petition, the petitioner has called into question the order Annexure P/6 dated 11.09.2025 passed by the Succession Court thereby refusing to permit the petitioner to participate in the proceedings.

2. The said order has been passed by the Succession Court on the ground that the petitioner is the nephew of Shanti Dwivedi who is divorced wife of late Harihar Prasad Dwivedi and late Harihar Prasad Dwivedi had executed a will on 05.08.2010 in favor of the present petitioner. The Succession Court came to conclusion that the succession proceedings are summary in nature and including the dispute of validity of will in the said proceedings would only amount to complicating the matter and since the petitioner has already filed a separate civil suit in the matter of rights acquired by will, therefore it is not appropriate to allow him to participate in the proceedings on the basis of same alleged will dated 05.08.2010.

3. The Counsel for petitioner has argued that the matter relates to Signature Not Verified Signed by: ARVIND KUMAR succession and testamentary succession is also a mode of succession and once the petitioner is having a testamentary document in his favor, therefore said fact cannot be ignored to be looked into by the succession Court, as contradictory orders may be passed in the succession case and in the suit filed by the petitioner.

4. Upon considering the said assertion, it is seen that the petitioner projects right on the basis of will and otherwise he is not in line of succession either as class I or Class II heir of the deceased. The will placed on record as Annexure P/2 mentions that the testator is having certain properties in Village Naudia Tiran, Ishar and Akhori in Tehsil Devsar District Singrauli and certain properties in village Sondhi and Uttari Karodiya in Tehsil Gopal Banas District Sidhi and he is executing will in respect of said properties in favour of the petitioner.

5. Without going to the question of validity of the said will, it is clear that the said will is only in respect of properties in certain villages in the two districts which are movable or immovable properties.

6. When looking to the application seeking succession, it is clear that the applicant in the succession proceeding has sought succession for certain bank accounts of the deceased Harihar Prasad which were there in Sidhi City, Post Office at Sidhi City, retiral benefits of deceased Harihar Prasad who was working as Professor of Chemistry in Government College at Sidhi i.e. gratuity, Provident Fund, etc.

7. The aforesaid assets have not been mentioned in the will and they are beyond the purview of the will alleged to be executed by deceased Signature Not Verified Signed by: ARVIND KUMAR Harihar Prasad Dwivedi in favor of the petitioner and therefore, even if it is held that the succession court could have tested the validity of will, even then the said will is irrelevant for the purpose of payment of retiral benefits of late Harihar Prasad Dwivedi who was Professor in Government College and his bank accounts situated at Sidhi City.

8. Consequently, the petition fails and is dismissed.

(VIVEK JAIN)

JUDGE MISHRA Signature Not Verified Signed by: ARVIND KUMAR