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[2026:RJ-JP:14691] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1099/2015 Smt. Kanta @ Radha Daughter of Shri Kanhya Lal Wife of Late Rajendra Kumar @ Rajesh Kumar @ Raju @ Kamlesh R/o Kamla Factory, Vijay Nagar, District Ajmer. ----Appellant/Objector Versus
1. Om Prakash S/o Late Shri Javri Lal Soni.
2. Smt. Bali Devi W/o Shri Om Prakash.
3. Smt. Pushpa Devi D/o Shri Om Prakash Soni.
4. Smt. Sushila Devi D/o Shri Om Prakash Soni. All Adults, R/o near Tejaji Mandir (Gali me) inside Suraj Pole, Sabji Mandi, Bewar District Ajmer. ----Applicants/Respondents
6. Govind Ram Soni S/o Shri Om Prakash Soni, R/o near Tejaji Mandir (Gali me) inside Suraj Pole, Sabji Mandi, Bewar District Ajmer. ----Respondent/Non Applicant For Appellant(s) : Mr. Pyare Lal For Respondent(s) : Mr. Deepak Sharma HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 08/04/2026
1.
Learned counsel for the appellant fairly submits that after the order dated 02.03.2015, which is impugned herein, the appellant has been convicted. He submits that an appeal against the conviction is pending.
2.
Learned counsel for the appellant further submits that the succession certificate of the share of the appellant was declined on account of the criminal trial against her for the murder of her husband. He further submits that while deciding the succession application on 02.03.2015, the learned Trial Court had granted liberty to the appellant that, in the event she is acquitted, she
[2026:RJ-JP:14691] (2 of 2) [CMA-1099/2015] would be entitled to receive one-half share. He now prays that the same liberty may be extended to him in case he succeeds in the appeal and is acquitted.
3.
Learned counsel for the respondent does not oppose this prayer.
4. Considering the submissions, the present Civil Miscellaneous Appeal is disposed of. It is, however, made clear that in the event the appellant is acquitted in the pending appeal, she shall be entitled to one-half share as already ordered by the learned Trial Court vide its order dated 02.03.2015.
5. Pending application(s), if any, also stand disposed of.
(BIPIN GUPTA),J MAHIMA/56