FAO No. 268 of 2004 22.03.2010 Present: Mr. R. K. Gautam, Sr. Advocate with Mr. Mehar Chand, Advocate, for the appellant. Mr. Rajiv Jiwan, Advocate, for respondent No.1. With the consent of the parties, the following order is being passed. While passing the impugned judgment dated 14.7.2004, the Court below has not taken into account the relevant provisions of the Indian Succession Act 1925, the law laid down by the Apex Court which stands reiterated in recent decision titled as Anil Kak v. Kumari Sharada Raje & Ors. (2008) 7 SCC 695. The Court below has adjudicated the petition as summary proceedings without specifically answering issues No.2 & 3. As such, the impugned judgment dated 14.7.2004 passed by the learned District Judge, Bilaspur, in case titled as Brij Lal vs. General Public & Ors., is set-aside. Liberty granted to the respondent to take appropriate steps for complying with the statutory provisions. The petition was instituted on 28.7.2001. as such, the Court below is directed to decide the matter, by affording adequate opportunity of hearing, as expeditiously as possible and preferably within nine months from the date of receipt of the record. The parties undertake to appear before the concerned Court on 3.5.2010. The record be immediately sent back. The petition is disposed of. ( Sanjay Karol ), Judge. March 22, 2010 (rana)