mev \a‘z w X @) H!GH CGURT OF CHHAT?!$GARH AT BILASPUR §ingie Bench : Hon’bie Shri Jaqdis‘n BhailaLAg. C.J. Writ Petition No. 2694 of 201233 Pe’tititmer Krishna Murari Sharma, Sic Rajaram $harma, aged about 5O years, R/o Ayodhya Wasi, Darmasala, PoisaEpara, Durg District ¥6F$US Responciems Ram Nafayan Pandey, since deceased, €hrcugh legal representaiives i. Smt. Shyama Devi Wdio Ram Narayan Pandey, aged: abaut 60 years, Rio Village Mohrenga, Post Mohrenga, Tah. Bemetafa, Disti.si Burg 2. Jeevaniai Pandey S/c Ram Narayan Pandey, aged about 55 yeare, R/o Near Baisamaj Library, Brahamanpara, Raipur, Districi Raipw 3. $mt. Chandramuki Devi W/o Durga Prasad Upadhyay, aged about 63 years, Rio Azad Chowk, Raipur Disirict Raipur 4. Smi. Krishna Devi W/e Shri Rambishai Tiwari, aged abcut 89 years, Rio Mungeii, Post Chandanu, Tab. Bemetara, Dist Durg 5. Smt. Ratnaparbha Devi Wlo Bhuneshwar Prasad Gauraha, aged about 59 years, RIO Viiiage Sakri, Tah. Beiha, Disirict Biiaspur ‘L‘r 8. _Smt. Bimiakamtha Devi Wz’o Sushii Chaubey, aged about 57 years, Ric in from of Aps’ara Theatre, Burg, District Durg. 7. Smt. Nirmaia Shukia W10 Daya Shankar $hukia, aged about 55 years, i R/o Rohini Puram, Sunder Nagar, Raipur, Dist, Raipur 8. Smt. Usha Bai W/o Shri Naod Kumar Tiwari, aged about 52 yeafs, Rio Sunder Nagar, Raipur 3% $mt. Pramiia Shukla W/o Ha¥ Narayan Shukla‘ aged about 49 years, R/c Vidya Nagar, Biiaspur, Dist. Biiaspur Smt Sheeia Mishra Wlo Omprakash Mishra, aged abeut 43 years, Rio Satyaprem Bihar, Mahadeo Ghat, District Raipur 8m. Marijuia Mishra W/o Kailas‘n Mismra, aged about 4’3years, Ric Mahadevo Gha? Road, Sundar Nagar, Raipur, Dist. Raipur Smt. Mriduia Shukia Wio Shri Framed Shukia, aged about 39 years, R/o Chandniapwa, Janjgif, DistricY Bi%aspur Smt. Pfanitha Sharma W59 Akhii Shanna, aged about 35 years, R/o Librarian Durga Mahavidyalay, Rgipur, DisiRaipur Smi. 8angita Tiwari Wfo Rajesh Tiwari, aged about 37 years, Viiiage A§dhar, Tah, Sakti, Dist. Janjgir - Chamga Neeikandi Panéey S/o Ram Narayan Pandey, aged about 47 years, Advocate, Rio Bawaii gali. Brahmanpara, Raipur Kamaieeh Kumar Pandey Sic Ram Nareyan Pandey, Advocate, Bemetara, Dist. Durg Smt. Mogara Bai, Wei/o Rajaram $herme, aged ebeu‘i 50 yeare, R/e Viuage Mohranga, Post Mohranga, Tah. Bemetara, Dist. Durg. Sindu Late Sharma W/o Birgovind $harma, aged abou€ 45 years, Rio Viiiage Tikarapara, Behind Keesri Pipe Factory, Biiaspur Smt. Vijaylaxmi Shukia W/o Chhedilai Shukla, aged aboui 42 years,‘Rlo H.No.41 5, Sunder Nagar, Raipur State of Chhatrisgarh, through Collector, Durg 4 10. 11. 12. 13. 14. 15. .Xy’ 76. 17. 18. (}% PETITION UNDER ART1CLE 227 OF THE CONSTITUTION OF INDIA Present : Shri MK Bhaduri,counséIfor the petitioner. I Shri Alok Sur, counsel f0! the respondents Ne. 1 to 16. Shri UNS Deo, Government Advocate for the State. (asse on 7* Augus 2007) T h ci g m p i w r p his writ petition as been file aainst the ipugned order I7.05.2003 assed by the revisional Court whereby the revision of the pettioner as dismissed. Aggrieved by the said oder, the etitioner has filed this rit petition and —nterim orde was passed to the extent that the triai ay proceed, howeve! finai order shall not be passed. In ’ nuLéhell the dispute reveals around the prorty o tate Smt Lalitabai, who died without ieaving any direct tegal representatives. I such circumstances, brother of her husband (Dewr) Ram arayan Pandey claimed to be legal representative of deceased Lalitabaifiled , aplicatio under Order 2 Rule 3 of Code o Civi Procedure. In the m time, sons and daugers of lat sister-in-law of decead Laiitabai also claimed to the iegal representatives f Lalitabai. uring the poceedings, ven Dewar — Ram Narayan Pande died and his childre were substituted n his place. Learned counsel for the petitioner claims that during the proceedigs, ajaram, who claimed to b legal representative, beg the son of ister. of the husband also died and in his place his son Krisna Muri Sharma was substiuted aln with others; The tral Court decided that the children of brother of the deceased husband to be the legal representatives. Aggrieved by the ”said order, only one — Shri Krishna Murari Sharma filed this petition and none other had filed, any petition. c ORAL ORDER Pd t, w adi r m r pe f n a N , an pn 2 f l ean ht e se be o D r e y n i n R e in s h ra t og i @W At this stage, when it was enquired from Iearned counsei for the ' petitioney that what cou!d be the share of the petitioner if a? aii. it was repiied by him that it can not be informed to the Court now, because when the share would be distributed among aii the iegai heirs, then oniy it can be informed. Learned counsei for the petitioner reiied upon Order XXH Ruie 5 of the Code of Civii Procedure and prayed that the matter be remanded back to the trial Court for proper adjudication, by setting aside the order dated 17.05.20Q3, passed by the appeiiate Court. No other point has been raised by teamed counsei for the petitioner. Learned counsel for the respondents submitted that in the facts and circumstances of the case, brother-in-iaw 0t deceased Laiitabai was the iegai representative, who had moved an appiication for substitution. Attention has been drawn firstiy to Section 9 of Hindu Succession Act, 1956 {for short "the Act”). Deceased Laiitabai did not have direct iegai heirs. Therefore, if the property vests with the husband or his iegai heirs, brother of the husband — Ram Narayan Pandey comes first in the iinage in light of Section 9 of the Act read with Entry 2 of Class ii which is as foilows : THE SCHEDULE (See Section 8) 1 ’ ‘ HEIRS lN CLASS '- i ANE5 CLASS - ii ,6 CLASS —-i XXXXXXXXXXX CLASS- it l. XXXXXXXXX ii. (1‘) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. On the other hand it has been indicated that the legai heirs of the sister of the husband are referred in entry 4 of Class ii. Therefore, \ '\ \ . \ 1 v , Mm ,. husband (Lalitabai‘s Nanand). Authority. Therefore, no interference der Article 227 of the Constitution of India. Accordingly, the writ petition is dismissed. is warranted un M ii :‘AMn i v i t sw— 4 i Acting Chief Justice ' i