Unknown vs Smt. Mohini Devi
2026 Latest Caselaw 1568 UK

Uttarakhand High Court

Unknown vs Smt. Mohini Devi on 26 February, 2026

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
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D1-
03                                AO No.48 of 2026
                                  Hon'ble Ravindra Maithani, J.

Mr. Rajesh Joshi, Advocate for the appellants.

Heard.

The challenge in this appeal is made to the order dated 23.01.2026, passed in Misc. Civil Case No. 16 of 2024, Smt. Geeta Saini and Another Vs. Smt. Mohini Devi, by the court of Civil Judge (Senior Division), Haldwani, District Nainital. By it, the succession certificate granted to the appellant pursuant to the order dated 08.11.2023, passed in Succession Application No.15 of 2023, Smt. Mohini Devi Vs. Relatives, by the court of Civil Judge (Senior Division), Haldwani, District Nainital, has been set aside. The succession certificate has been set aside on the ground that the appellant had concealed and did not implead the daughters of the deceased as the party in the Succession Application.

Learned counsel for the appellant submits that the matter should have been decided on merits. It should not have been closed, as has been done by the impugned order.

Admit.

Issue notices to the respondents, returnable within six weeks.

Steps to be taken within a week. Let call for the lower court record. List on 20.04.2026 for final hearing on 20.04.2026.

Heard on Stay Application, IA No.1 of 2026.

The appellant seeks stay of the execution and effect of the impugned order dated 23.01.2026. By the impugned order, the succession certificate granted in favour of the appellant has been set aside on the ground that she concealed the existence of the daughters of the deceased and they were not impleaded as parties.

The court set aside this succession certificate and closed the chapter directing the appellant to deposit the entire amount received by her, or else would proceed for its recovery. Should not the court, after setting aside the succession certificate, direct the appellant to implead the daughters of the deceased and proceed further in the succession case? To that extent, the matter requires deliberation.

The operation of the impugned order may not be stayed.

Learned counsel for the appellant submits that the appellant has procured the succession certificate after depositing the court fees, which is Rs.1,70,400/-. Therefore, the appellant may be directed to deposit the amount after deducting the amount of the court fees, which is Rs. 1,70,400/-.

The appellant shall deposit the amount, which she received pursuant to the succession certificate, after deducting the amount of court fees alone. It shall be done within seven days. If it is not done, the court below shall proceed to recover the amount as arrears of land revenue, and issue processes accordingly, immediately.

(Ravindra Maithani J.) 26.02.2026 RV