FAO No.2940 of 2007 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.2940 of 2007 (O&M) DATE OF DECISION: 03.08.2010 **** Shashi Malhotra . . . . Appellant VS. Sanjeev Kumar and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Sh. Sham Lal Bhalla, Advocate for the appellant. Mr.S.S. Rangi, Advocate for the respondents. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against the order dated 18.11.2006 passed by Civil Judge (Senior Division), Fatehgarh Sahib (exercising the delegated powers of the District Judge) by which he has decided an application under Section 372 of the Indian Succession Act, 1925 for grant of succession certificate in respect of the estate of deceased Agyawati. At the outset, learned counsel for the respondents has submitted that the appeal against the order passed by Civil Judge (Senior Division), Fatehgarh Sahib (exercising the delegated powers of the District Judge) is not maintainable before the High Court. In this regard, he has relied upon a decision of this Court in the case of “Jatinder FAO No.2940 of 2007 (O&M) - 2 - Kaur and another Vs. Jaskirat Kaur and others” 2009(3) RCR (Civil) 98. Learned counsel for the appellant has been unable to cite any judgment to the contrary. In view thereof, the present appeal is disposed of with a liberty to the appellant to file appeal against the order passed by Civil Judge (Senior Division), Fatehgarh Sahib (exercising the delegated powers of the District Judge) dated 18.11.2006 before the appropriate Court, in accordance with law. (RAKESH KUMAR JAIN) 03.08.2010 JUDGE Vivek