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2025 DAILYLAW 48651 (ALL)

SMT. KUMUD TYAGI v. SMT. CHAMELI DEVI AND ANOTHER

A227/8104/2016 · 2025-08-12

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138702 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8104 of 2016 Petitioner :- Smt. Kumud Tyagi Respondent :- Smt. Chameli Devi And Another Counsel for Petitioner :- Aditya Vir Singh Rana,Krishna Kumar Patel,Shashi Kant Shukla,Vivek Verma Counsel for Respondent :- Sanjay Kumar Sharma Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed challenging the order dated 30.8.2016 passed by Civil Judge (Senior Division), Rampur by which objection filed by the respondents regarding maintainability of the petition at Rampur, has been rejected. 3. It has been contended by learned counsel for the petitioner that deceased died at Amroha and the property of the deceased are situated in Moradabad, therefore, Rampur Court has no jurisdiction to decide the aforesaid succession case. 4. This fact would not be denied by learned counsel appearing for the respondents and it is also evident from the death certificate that the deceased died at Amroha. 5. In view of the same, the order dated 30.8.2016 passed by the Civil Judge (Senior Division), Rampur is set aside and the matter is remanded to the Civil Judge (Senior Division), Rampur to decide the objection of the petitioner, afresh, in accordance with law, expeditiously, preferably within a period of four weeks after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Learned counsel for the respondent has also submitted that his client would also co-operate in disposal of the application. 7. The writ petition is disposed of accordingly. Order Date :- 13.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad