$-19 ^ IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.04.2010 + TEST.CAS. 18/2010,LA. No. 2291/2010(Under Section 151 CPC - for summoningof remainingfile of PetitionNo. 81/2008titledS.R. Khanna & Ors. V. State],LA. No. 2290/2010 (Under Order 7 CPC) S.R. KHANNA & ORS Petitioners Through : Mr. Ashish. K. Mishi-a,Advocate. versus STATE Respondent Through : Nemo. CORAM: MR. JUSTICE S. RAVINDRA BHAT . Whetherthe Reporters of local papers Yes. may be allowed to see the judgment? 2. To be referred to Reporter or not? Yes. "3. Whether the judgment should be Yes. reported in the Digest? S.RAVINDRA BHAT, J. (OPEN COURT) 1. This petitionseeks grant of SuccessionCertificatein respectof the movablesand debts payable to the estate of late Dr. Raja Ram Khanna and his wife, late Smt. PromillaKhanna @ Bimla Khanna @ Bimla Kumari Khanna @ Ms. B.K. Khanna. The petitionersclaim to be the sole surviving heirs of the said two deceased persons. * 2. Originally,theproceedingwas filed inthe CourtofAddl. DistrictJudge.However,it was noticed that the valuation of the property exceeded Rs.50 laldis. This led to the return of proceedings,for filingbeforethe CompetentCourt,i.e. this Court.The recordofthe lowerCourt was summonedon the previousdate of hearing,i.e. 24.02.2010;the same has been received.It revealsthat the fourthpetitionerhad deposedin supportof theproceedingsby.filingan affidavit TEST, CASK 18/2010 Page1 Digitally Signed By:AMULYA Signature Not Verified 3 dated 28.04.2009.The said affidavit was exhibitedby the Court on 28.04.2009. 3. The record of the lower Court would reveal that by an order dated 27.01.2009, Mr. SaravjitSingh,Advocatewas appointedas Coinmissionerto visitthe two banks- (i) StateBank ofIndia,DenobiliSchoolCampusBranch,CMRS, Dhanbadand (ii) StateBank ofIndia, Indian Schoolof MinesBranch,Dhanbad,Jharldiand,andpreparean inventoryof items lyingin Locker No.41 in the former banlc and Locker No. 80 in the latter banlc, in the names of the deceased, late Dr. Raja Ram Khanna and his wife, late Smt. PromillaKliamia @ Bimla Khanna @ Bimla KumariKlianna@ B.K. Khanna.Pursuantto the order,the Local Commissionervisitedthe said branchesandsubmittedhis reporton 18.02.2008(Ex. PW-l/G collectively),whichis partof the r record. The petitionershave listed out the debts and movables which the estate of the two deceased were entitled to and have also filed particulars of the bank accounts and the Savings ^ BankAccountsofvai'iousbranches. 4. In the affidavit evidence marked as Ex.PW-1/1, the fourth petitioner deposes that the list correctlyreflectsthe legal representativesand heirs of the two deceasedpersons.It is statedthat Dr. Raja Ram Klianna died on 08.02.2007at Dhanbad and that his wife, late Smt. Promilla Khanna @ Bimla Khanna @ Bimla Kumari Khanna @ B.K. Klianna predeceased him on 26.08.1993. The Death Certificates have been produced as Ex.PW-l/A and Ex. PW-l/B. The record would also reveal that the citation was also issued by the Court and the notice of the proceedingswas publishedin the newspaperon 22.08.2008in the daily DainikJagran. There I _ have been no opposition to these proceedings. 5. Having regard to the above materials, the Court is of the opinion that the petitioners have established their entitlement to the grant of a Succession Certificate in respect of the properties and movables mentioned in Annexure-B, to the petition. The petition has to, therefore, succeed. TEST. CASH 18/2010 Page 2 u Let SuccessionCertificatebe issued to the petitionersin respect of the propertiesdetailed in Annexure-B,subjectto theirfurnishingAdministrationand SuretyBond. 6. LA. No. 2291/2010 is disposed of in the above term?. No costs. List before the Joint Registrar on 20.04.2010, for further proceedings, to enable the petitioners to furnish Administration and Surety Bonds. 7. The petitionis allowedin the above terms.No costs. f" S. RAVINDRA BHAT (JUDGE) APRIL 07,2010 ^ 'ajk' - TEST.CASi; 18/2010 Page 3