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2026 DAILYLAW 34582 (CHH)

BISNATH PURAINA v. SMT. SON BAI PURAINA

CR/329/2025 · 2026-08-31

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 CGHC010513012025 2026:CGHC:38742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 329 of 2025 Bisnath Puraina S/o Late T.R. Puraina Aged About 58 Years R/o Village Chowkbeda, Police Station Tendukona, Tahsil Pithora, District Mahasamund Chhattisgarh (N.A. No. 05 Before Court Below) --- Applicant versus 1 - Smt. Son Bai Puraina Wd/o Late Gaya Prasad Puraina Aged About 50 Years R/o Qtr. No. 08, Block No. 15, Street No. 15/b, Sector-2, Bhilai Tahsil And District Durg Chhattisgarh (Applicant No. 01) 2 - Ku. Rishika D/o Late Gaya Prasad Puraina Aged About 19 Years R/o Qtr. No. 08, Block No. 15, Street No. 15/b, Sector-2, Bhilai Tahsil And District Durg Chhattisgarh (Applicant No. 02) 3 - Ku. Ishika D/o Late Gaya Prasad Puraina Aged About 15 Years Minor Through The Natural Guardian - Mother Smt. Son Bai Puraina, Wd/o Late Gaya Prasad Puraina R/o Qtr. No. 08, Block No. 15, Street No. 15/b, Sector-2, Bhilai Tahsil And District Durg Chhattisgarh (Applicant No. 3) 4 - Public At Large Nil (Non-Applicant No. 01) 5 - The Registrar Pandit Ravi Shankar University, Raipur, District Raipur Chhattisgarh (Non-Applicant No. 02) 6 - Branch Manager State Bank Of India, Branch Pandit Ravishankar University Campus, Raipur, District Raipur Chhattisgarh (Non-Applicant No. 03) 2 7 - Branch Manager Life Insurance Corporation Of India, Civil Lines Branch, Raipur, District Raipur Chhattisgarh (Non-Applicant No. 04) --- Respondents For applicant : Mr. Ankita Goswami, Adv. on behalf of Mr. Pushpendra Kumar Patel, Adv. For respondent no. 5 Mr. Deeksha Pandey, Adv. on behalf of Mr. Neeraj Choubey, Adv. For Respondent No. 6 : Ms. Vartika Shrivastava, Adv. on behalf of Mr. P.R. Patankar, Adv. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 1-9-2026 1. The applicant has preferred this civil revision under Section 384(3) of the Indian Succession Act, 1925, read with Section 115 of the Code of Civil Procedure, 1908, against the order dated 31- 10-2025 passed by the 5th District Judge, Durg (C.G.), in Civil Appeal No. 191/2024, whereby respondents No. 2 and 3 have been held entitled for grant of succession certificate. 2. Brief facts of the case are that respondents No. 1 to 3 filed Succession Case No. 35/2021 before the Additional 1st Civil Judge, Senior Division, Durg to the Court of 1st Civil Judge, Sr. Division, Durg for grant of a succession certificate in their favour on account of the death of their husband/father, late Ganga Prasad Puraina. The said case was partly allowed vide order dated 9-5-2024. Against the aforesaid order dated 9-5-2024, respondents No. 1 to 3 preferred an appeal bearing Civil Appeal No. 191/2024, which was allowed vide order dated 31-10-2025. 3 Against the said order, the instant revision has been preferred by the applicant. 3. The issue involved in the instant revision is with regard to the entitlement to obtain a succession certificate in respect of the assets of late Ganga Prasad Puraina. Vide the impugned order dated 31-10-2025, the learned 5th District Judge, Durg, in Civil Appeal No. 191/2024, has held respondents No. 2 and 3, being the daughters of late Ganga Prasad Puraina, entitled to obtain the succession certificate. 4. Learned counsel for the applicant would submit that the applicant, Bisnath Puraina, is the brother of late Ganga Prasad Puraina. Since his mother, Kholbahrin Puraina, who was also the mother of late Ganga Prasad Puraina, had died, the applicant is also entitled to a share in the subject amount belonging to late Ganga Prasad Puraina. He, therefore, submits that the instant revision may be admitted for hearing. 5. Learned counsel appearing for respondents No. 5 and 6 submits that they are merely formal parties in the case. 6. Heard learned counsel for the parties and perused the material available on record. 7. The contention of learned counsel for the applicant that, since his mother, Kholbahrin Puraina, who was also the mother of late Ganga Prasad Puraina, had died, the applicant is also entitled to 4 a share in the subject amount belonging to late Ganga Prasad Puraina, is not sustainable. The applicant, Bisnath Puraina, being the brother of late Ganga Prasad Puraina is not his successor of Category 1. Therefore, this Court is not inclined to admit instant misc. appeal. Hence the same is rejected at motion stage. 8. Hence, the instant revision is rejected at the motion stage. Sd/- (Naresh Kumar Chandravanshi) Judge pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.09.03 13:03:06 +0530