PARTHIVI RAMENDRA VISHWAKARMA AND 2 OTHERS v. ESTATE OF LATE SHRI RAMENDRA KUMAR VISHWAKARMA AND 8 OTHERS
A227/1846/2025 · 2025-04-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131533 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131533 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18571 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1846 of 2025 Petitioner :- Parthivi Ramendra Vishwakarma And 2 Others Respondent :- Estate Of Late Shri Ramendra Kumar Vishwakarma And 8 Others Counsel for Petitioner :- Rakesh Kumar Agarwal,Neetu Yadav,Reetu Yadav,Saksham Agarwal Counsel for Respondent :- A.S.G.I.,Anurag Srivastava Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioner, Sri Kumar Jaikrit the counsel for the opposite parties no.2 to 6, Sri Anand Dwivedi who appears for the respondents no. 8 and 9.
2. The present petition has been filed by the petitioner with the prayer i.e. the succession certificate has been asked for in the proceedings initiated before the Civil Judge (Senior Division) through Misc Case no.238 of 2025.
3. It is argued that the petitioners are the legal heirs of the deceased Sri Ramendra Kumar Vishwakarma. It is stated that after the death of the mother of the petitioners, the father had remarried to respondent no.7 and had also indicated her name as nominee in the services records. It is argued that the petitioner being the legal heirs are also entitled to the benefits that are available on account of the services rendered by their father, however, there is apprehension that the respondent no.7, being a nominee, will siphoned off the entire assets which would frustrate the entire purpose of filing the Misc.Case No.238 of 2025. The injunction application has also been filed along with the case, which is pending on which notices have been issued.
4. Considering the nature of urgency, as pleaded and there being a prima-facie apprehension of the property being siphoned off, the present petition is disposed off directing the Civil Judge (Senior Division), Mohanlalganj, Lucknow to decide the interim application filed by the petitioners within a period of three weeks from today.
5. Till the disposal of the interim application, the amounts/dues which are pending before the opposite parties no.2 to 6 and opposite parties no. 8 & 9 shall not be disbursed to respondent no.7. Order Date :- 3.4.2025/VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench