Ganesh Goyal And Another v. Public In General And Another

G.S. Ahluwalia, J.:— This Civil Revision under Section 115 of CPC has been filed against the order dated 5/2/2019 passed by Second Additional District Judge to the Court of First Additional District Judge, Vidisha in Miscellaneous Civil Appeal No. 27/2018, thereby affirming the order dated 31/8/2018 passed by Second Civil Judge, Class-I, Vidisha in case No. 1/2018, by which the application filed by the petitioner for grant of succession certificate for opening the locker has been rejected on the ground that for opening the locker succession certificate cannot be issued.

2. The necessary facts for disposal of the present revision in short are that the petitioners are the children of Late Gopal Goyal. After the death of first wife of Gopal Goyal, he contracted second marriage with respondent no. 2, however, the respondent no. 2 killed her husband (the father of the petitioners) and accordingly, she has been convicted and sentenced to life imprisonment. In the locker belonging to the deceased Gopal Goyal certain ornaments have been kept and the list of those ornaments was prepared by the police during investigation of Crime No. 323/2010 and accordingly, the application for grant of succession certificate was filed.

3. The respondent no. 2 objected to the application and submitted that she is the legally wedded wife of Gopal Goyal and she has not killed him and the ornaments, which have been kept in the locker, are her Stridhan and, therefore, she has a right over them.

4. As the application and the appeal have been rejected by the courts below, therefore, challenging the orders passed by the courts below, it is submitted by the counsel for the petitioners that they had filed an application for opening the bank locker and, therefore, the succession certificate should have been issued. The courts below have come to a conclusion that the petitioners were not nominated by the deceased to operate the locker and the Court does not have jurisdiction to grant succession certificate for opening the locker.

5. It is submitted that the courts below have committed a material mistake because the ornaments which have been kept in the locker belong to the petitioners. However, after some arguments the counsel for the petitioners seeks permission of this Court to withdraw this revision with liberty to file a Civil Suit for establishing their title over the ornaments kept in the locker.

6. With aforesaid liberty, the revision is dismissed as withdrawn.