[2025:RJ-JP:42980] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4122/2012 Smt. Sabira Khanam wife of Late Maruf Ahmed, d/o Mohd. Saddiq @ Mammu Master, R/O behind Higher secondary School, Aligarh District Tonk ----Appellant/Non-Applicant No.1 Versus 1. Smt. Aayasha Khatoon widow Mohd Umar 2. Sabeer Ahmed son of Mohd. Umar 3. Mohd. Sarif son of Mohd. Umar 4. Mohd. Iqbal son of Mohd. Umar 5. Mohd. Farooq son of Mohd. Umar 6. Mohd. Saleem son of Mohd. Umar All resident of Kagji Mohalla Alanpur, Sawaimadhopur 7. Smt. Naseem d/o Mohd. Umar, wife of Abdul Rehman, resident of Kagji Mohalla, Sawaimadhopur 8. Smt. Sabnam (expired during the pendency of the petition and name struck off) d/o Mohd Umar, wife of Maseer Ahmad, resident of near Railway Station, Gangapurcity, District Sawaimadhopur ----Respondent/Applicants 9. Bank of Baroda Branch Man Town Sawaimadhopur through Branch Manager, Sawaimadhopur 10. State Bank of India, Branch Mantown, Sawaimadhopur through Branch Manager 11. Indian Oil Corporation through General Manager, Rajasthan State Officer, Ashok Chowk, Adarsh Nagar, Jaipur 12. Har Khas and Aam ----Respondents/Non-Applicant No.2 to 5 Connected With S.B. Civil Miscellaneous Appeal No. 5173/2011 [2025:RJ-JP:42980] (2 of 4) [CMA-4122/2012] 1. Smt. Aayasha Khatoon widow of Mohd. Umar, 2. Sabeer Ahmed son of Mohd. Umar, 3. Mohd. Sarif son of Mohd. Umar, 4. Mohd. Iqbal son of Mohd. Umar, 5. Mohd. Farooq son of Mohd. Umar, 6. Mohd. Saleem son of Mohd. Umar, All resident of Kagji Mohalla Alanpur, Sawaimadhopur. 7. Smt. Naseem daughter of Mohd. Umar, wife of Abdul Rehman, resident of Kagji Mohalla, Sawaimadhopur. 8. Smt. Sabnam (expired during the pendency of the petition and name struck off) daughter of Mohd. Umar, wife of Maseer Ahmad, resident of near Railway Station, Gangapurcity, District Sawaimadhopur ----Appellants Versus 1. Smt. Sabira Khanam wife of Mohd. Yaqoob son of Mohd. Jamil Khan, at present resident of House No. 1178, Katiyonki Peepli, Naggamiyanki Masjid, Ramganj Jaipur. 2. Bank of Baroda Branch Man Town Sawaimadhopur through Branch Manager, Sawaimadhopur 3. State Bank of India, Branch Mantown, Sawaimadhopur through Branch Manager 4. Indian Oil Corporation through General Manager, Rajasthan State Officer, Ashok Chowk, Adarsh Nagar, Jaipur 5. HarKhash ----Respondents For Appellant(s) : Mr. R.K. Daga with Mr. Rahul Singh Chauhan Mr. Aanjnaiy Sharma Mr. Rohan Agarwal with Mr. Yashvardhan Tolani for Mr. Rajat Ranjan For Respondent(s) : Mr. Ravindra Mathur HON'BLE MR. JUSTICE MANEESH SHARMA Order 27/10/2025 [2025:RJ-JP:42980] (3 of 4) [CMA-4122/2012] 1. Both appeals have been preferred under Section 384 of the Indian Successions Act, 1925, by which both the appellants have assailed the Order dated 20.04.2011 passed by the District Judge, Sawai Madhopur in Civil Misc. Case No. 1/2003, whereby the application for succession certificate filed under section 372 of the Indian Successions Act, 1925 by the appellants in respect of movable properties of deceased-Maruf Ahmed have been dismissed. 2. The S.B. CMA No.4122/2012 has been preferred by Smt. Sabira Khanam, being the wife of the deceased-Maruf Ahmed, whereas S.B. CMA No.5173/2011 has been preferred by Smt. Aayasha Khatoon and others, being the mother, brothers, and sister of the deceased-Maruf Ahmed. 3. After arguing the matter at some length, learned counsel for both parties jointly submits that since the learned Court below has not accepted the prayer for grant of succession certificate in favor of either of the parties, therefore, the impugned order dated 20.04.2011 may be set aside and the matter may be remanded back to the learned Trial Court with a direction to decide the matter afresh, in accordance with the personal laws of the parties while considering the relevant rules in the matter, and case laws so relied upon by the respective parties. 4. Heard the submissions made at bar. 5. In view of the consensus arrived at between the parties, the impugned order dated 20.04.2011 is set aside. 6. The matter is remanded back to the learned Trial Court to re- decide the Civil Misc. Case No. 1/2003 afresh, after considering the claims of the parties in accordance with the personal laws of [2025:RJ-JP:42980] (4 of 4) [CMA-4122/2012] the parties, the relevant rules in the matter, and case laws so relied upon by the respective parties. 7. Since the matter pertains to the year 2003, in order to avoid further delay, the parties are directed to appear before the District and Sessions Judge, Sawai Madhopur, on 20.11.2025. 8. It is expected from the learned Trial Court that since the matter pertains to the year 2003, the succession certificate application filed under Section 372 of the Indian Succession Act, 1925, shall be decided preferably within a period of three months from the date of receipt of a certified copy of this Order. 9. Furthermore, it is made clear that this order has been passed on the basis of the consensus arrived at between the parties, and this Court has not expressed any opinion on the merits/demerits of the case; the learned Trial Court is free to decide the same in accordance with the law. 10. Record of the Court below be sent back. 11. In view of the above, the present civil miscellaneous appeals are disposed of. 12. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /54-55