December vs Sunil Kumar And Another
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Uttarakhand High Court

December vs Sunil Kumar And Another on 1 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                      2025:UHC:10689


HIGH COURT OF UTTARAKHAND AT NAINITAL
      Writ Petition Misc. Single No. 1564 of 2015
                       01 December, 2025

Vivek Sharma and Another                              --Petitioners

                               Versus
Sunil Kumar and Another                             --Respondents
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Presence:-
      Mr. T.A. Khan (through V.C.), learned senior counsel
      assisted by Mr. Vinay Bhatt (through V.C.), learned
      counsel for petitioners.
Hon'ble Pankaj Purohit, J. (Oral)

This writ petition has been filed by the petitioners on 29.06.2015, wherein, certain defects have been pointed out by the Registry. The defects have been removed by the petitioners on 04.07.2015.

2. By means of the present writ petition under Article 227 of the Constitution of India, petitioners have put to challenge the judgment and order dated dated 30.03.2010 passed by learned 3rd Additional Civil Judge (Sr. Div.), Dehradun in Misc. Case No.544 of 2001 Sunil Kumar Vs. Smt. Chameli Devi and Ors., whereby, the application moved by the respondents for grant of succession certificate has been granted as well as the judgment and order dated 16.12.2014 passed by learned District Judge, Dehradun, in Civil Appeal No.7 of 2008 Vivek and Another Vs. Sunil Kumar and Ors., along with Cross Appeal No.7A of 2008 Sunil Kumar Vs. Vivek and Anr., whereby, both the appeals were decided conjointly and Civil Appeal No.7 of 2008 was dismissed while C.A. No.7A of 2008 was allowed.

2025:UHC:10689

3. Having gone through the entire documents available on record and impugned judgments and orders, since 2024 nothing substantial happened in the present writ petition and further it is a settled principle of law that proceedings of grant of succession certificate are summary in nature and it does not confer any title over the property and this is only for the purpose of release of property mentioned in the succession certificate to the grantee and still after issuance of the succession certificate, the parties can maintain their right over the property involved in the succession certificate, this Court doesn't want to interfere exercising its supervisory jurisdiction under Article 227 of the Constitution of India.

4. In view of the above, the present writ petition fails and is accordingly dismissed in-limine. However, any observations as made above, will not come on the way of the petitioners if they approach a competent Court of law for adjudication of their rights over the property in question.

5. Interim order dated 23.07.2015 stands vacated.

(Pankaj Purohit, J.) 01.12.2025 PN