(C.R.No.33/2018) 2025:CGHC:47077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 33 of 2018 1. Smt. Sashi Sharma alias Ganesia Bai, W/o late Shri Manoj Sharma (as mentioned in the order sheet), Aged about 42 years, R/o Village Devada, Ward No.2, Post Tedasara, Tahsil & District Durg, Chhattisgarh 2. Ku. Bhavani Sharma, D/o late Mr Manoj Kumar Sharma, Aged about 18 years, R/o Village Devada, Ward No.2, Post Tedasara, Tahsil & District Durg, Chhattisgarh 3. Jay Prakash Sharma, S/o Mr Manoj Kumar Sharma, Aged about 15 years, Minor represented through mother Sashi Sharma, R/o Village Devada, Ward No.2, Post Tedasara, Tahsil & District Durg, Chhattisgarh 4. Mithalesh Sharma, S/o Late Mr Manoj Kumar Sharma, Aged about 14 years, Minor through legal guardian mother namely Smt. Sashi Sharma, R/o Village Devada, Ward No.2, Post Tedasara, Tahsil & District Durg, Chhattisgarh (Defendant No.3 to 6 in the appellate court) ... Applicants versus 1. Smt. Meena Sharma, W/o late Manoj Kumar Sharma, Aged about 55 years, R/o House No.P-10, Near Janta Market, Janta Quarter, Padmanabhpur, Durg 2. Ku. Manya Sharma, D/o late Manoj Kumar Sharma, Aged about 22 years, R/o House No.P-10, Near Janta Market, Janta Quarter, Padmanabhpur, Durg (Plaintiffs in the appellate court) 3. Public At Large (Defendant No.1 in the appellate court) 4. Executive Engineer, Sub Center Division CSPDCL, Bhilai, District Durg, Chhattisgarh (Defendant No. 2 in the appellate court) ... Non-applicants SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.16 11:25:39 +0530 (C.R.No.33/2018) For Applicants : Mr. Purnendra Khichariya, Advocate. For Non-applicants No.1 & 2 : Mr. Bharat Gulabani, Advocate. For Non-applicant No.4 : Mr. Varun Sharma and Mr. Krishna Tandon, Advocates. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/09/2025 1. The applicants herein have preferred this revision under Section 384(3) of the Indian Succession Act, 1925 challenging legality, validity and correctness of order dated 19-2-2018 passed by the 2nd Additional Judge, Durg to the Court of 1st Additional District Judge, Durg in Miscellaneous Civil Appeal No.19/2017, by which the appeal filed by Smt. Meena Sharma & Kum. Manya Sharma has been allowed and Smt. Meena Sharma, Kum. Manya Sharma, Kum. Bhawani Sharma, Jaiprakash, Mithilesh & mother of deceased Manoj Sharma have been held to be entitled for succession certificate. 2. Mr. Purnendra Khichariya, learned counsel appearing on behalf of the applicants herein, would submit that the appellate Court is absolutely unjustified in reversing the finding of the succession court by recording a finding which is perverse to the record and therefore the order impugned passed by the appellate Court deserves to be set aside and the instant civil revision deserves to be allowed. 3. Mr. Bharat Gulabani, learned counsel appearing on behalf of non- applicants No.1 & 2 herein, and Mr. Varun Sharma, learned counsel (C.R.No.33/2018) appearing on behalf of non-applicant No.4 herein, would support the impugned order and oppose the revision. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. Mr. Manoj Kumar Sharma died in a motor accident on 17-5-2013 while working as Testing Assistant Grade-I in the Office of the Executive Engineer, CSPDCL, Durg, leading to filing of succession case by Smt. Meena Sharma, claiming to be the first wife of Mr. Manoj Kumar Sharma and Kum. Manya Sharma, daughter of Mr. Manoj Kumar Sharma in which Smt. Shashi Sharma @ Ganesia Bai also claimed to be the wife of Mr. Manoj Kumar Sharma and Kum. Bhawani Sharma to be the daughter. The succession Court held that Smt. Shashi Sharma @ Ganesia Bai is the legally wedded wife of Mr. Manoj Kumar Shama and entitled for succession certificate and on appeal being filed by Smt. Meena Sharma & Kum. Manya Sharma, the appellate court has allowed the appeal and held that Smt. Meena Sharma is the legally wedded wife of Mr. Manoj Kumar Sharma and she, Kum. Manya Sharma, Kum. Bhawani Sharma, Jaiprakash & Mithilesh along with mother of Mr. Manoj Kumar Sharma are entitled for succession certificate against which this revision has been preferred by the applicants herein. 6. The appellate Court after appreciating oral and documentary evidence has clearly recorded a finding that Smt. Meena Sharma is (C.R.No.33/2018) the legally wedded wife of Mr. Manoj Kumar Sharma and also relied upon the admission made by Smt. Shashi Sharma @ Ganesia Bai – second wife of deceased Mr. Manoj Kumar Sharma, in para 2 of her statement to hold that Smt. Meena Sharma is the legally wedded wife of deceased Mr. Manoj Kumar Sharma and Kum. Bhawani Sharma, Jaiprakash & Mithilesh are daughter and sons, respectively, of second wife of the deceased, therefore, they are also entitled for succession certificate. 7. In my considered opinion, the finding of the appellate Court that Smt. Meena Sharma is the legally wedded wife of the deceased and she is entitled for succession certificate along with Kum. Manya, Kum. Bhawani, Jaiprakash, Mithilesh and mother of the deceased is the correct finding of fact based on the evidence available on record, it is neither perverse nor contrary to the record. I do not find any merit in this revision, it deserves to be and is accordingly dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Soma