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2025 DAILYLAW 36052 (RAJ)

SUNITA v. PARMUDI AND ANR.

CMA/1378/2009 · 2025-01-09

Rekha Borana

body2025

Judgment text

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[2025:RJ-JD:1413] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1378/2009 Sunita W/o Late Sh. Ramlal, b/c Jat, aged about 31 years, R/o Sogawas, Tehsil – Merta, at present resident of Dhamniya, District – Nagaur. ----Appellant Versus 1. Parmudi W/o Sh. Bhanwar Lal, resident of Sogawas, Tehsil – Merta, District Nagaur. 2. Rukma W/o Baga Ram Indiania, By caste Jat, age about 33 years, village Sarsanda, Tehsil Degana, District – Nagaur. ----Respondent For Appellant(s) : Mr. Manvendra Singh with Mr. Digvijay Singh Bhati For Respondent(s) : Mr. Tarun Dhaka (for Respondent No.2) HON'BLE MS. JUSTICE REKHA BORANA Judgment 09/01/2025 1. The present appeal has been filed against the order dated 21.02.2006 passed by the District Judge, Merta in Civil Misc. (Succession) Application No.102/2002 whereby the application under Section 372 of the Indian Succession Act, 1956 as filed jointly on behalf of appellant Sunita and her daughter Poonam was disposed of with a direction for issuance of Succession Certificate jointly in favour of daughter Poonam, mother Parmudi – (respondent No.1), and Rukma, first wife of deceased (respondent No.2). 2. The present appeal has been filed by appellant Sunita only and applicant No.2 Poonam, the daughter, has not been impleaded in the present appeal. 3. Counsel appearing on behalf of respondent No.2 Rukma, first wife of the deceased, on instructions, submits that she has no [2025:RJ-JD:1413] (2 of 2) [CMA-1378/2009] objection if the complete amount of Rs.34,542/- deposited by the deceased in the Air Force Group Insurance Society is paid to Poonam, daughter of the deceased. He further submits that as per his instructions, respondent No.1-Parmudi, mother of the deceased has, as of date, expired. 4. Counsel for the appellant also, on instructions, submits that he has no objection if the complete amount deposited in Air Force Insurance Society is paid to her daughter Poonam. Counsel however, reserved his right to agitate the entitlement of the appellant qua other benefits of the deceased whenever & wherever required. 5. In view of the no objection on behalf of the appellant Sunita as well as respondent No.2 – Rukma regarding the issuance of the Succession Certificate in favour of Poonam, daughter of the deceased, this Court is not required to go into the merits of the present appeal. 6. The order dated 21.02.2006 is hence modified to the extent that Succession Certificate qua the amount of Rs. 34,542/- (with any additional interest, if payable) deposited by deceased Ramlal in Air Force Group Insurance Society be issued favour of applicant No.2 – Poonam only on deposit of the requisite Court fee (if not paid). The said certificate be issued within a period of four weeks from receipt of copy of this order. 7. The appeal stands disposed of. 8. Pending applications stand disposed of. (REKHA BORANA),J 229-/praveen-