2022 (6) TMI 1337

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o.6 filed under Section 151 of CPC in Misc.No.1/2020. 2. Brief facts of the case that would be relevant for the purpose of disposal of this petition are: The petitioner herein had filed a petition under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act") before the court of Senior Civil Judge at Sedam contending that she was the sister of one Chandrashekar s/o Mahadevappa Obalappanavar, a resident of LNT Nagar, Sedam, who died on 10.07.2015 leaving behind the petitioner as his sole legal heir and successor. It was the case of the petitioner in the said petition that deceased Chandrashekar, who was her brother, had deposited an amount of Rs.17,69,332/- in Fixed Deposit in Pragathi Krishna Grameena Bank (f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ertificate by concealing the material facts before the Trial court. In the said proceedings, the respondents herein filed I.A.No.6 under Section 151 of CPC with a prayer to direct the petitioner herein to deposit the amount of Rs.17,39,332/- withdrawn by her from PKG Bank, Sedam on the strength of the Succession certificate obtained by her from the trial court. The said application was contested by the petitioner herein by filing objections. The trial court vide its order dated 13th December 2021 for the reasons assigned therein has allowed the said application and has directed the petitioner herein to deposit the amount of Rs.17,39,332/-, which was withdrawn by her from PKG Bank, Sedam Branch pursuant to the succession certificate, which w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....petitioner is not otherwise legally entitled for a succession certificate. He submits that since the petitioner has obtained the succession certificate from the trial court by misrepresentation and by concealing the material facts, the trial court was justified in directing her to re-deposit the amount that she has withdrawn from the PKG Bank on the strength of the order obtained by her by misrepresentation in P & SC No.1/2016. 7. I have given my anxious consideration to the arguments advanced on both sides and also perused the material available on record. 8. Though the learned counsel for the petitioner has submitted that the petitioner has described herself as the sister of Chandrashekar by mistake and actually she is the sister of the....