Wazir Gian Singh Vs. Wazir Neelam Singh and anr - Court Judgment

SooperKanoon Citationsooperkanoon.com/984058
CourtJammu and Kashmir High Court
Decided OnJan-02-2013
JudgeHon?ble Mr. Justice M. M. Kumar
AppellantWazir Gian Singh
RespondentWazir Neelam Singh and anr
Excerpt:
high court of jammu and kashmir at jammu. lpac no. 17 of 201.wazir gian singh petitioners wazir neelam singh and anr respondent !mr. surinder singh, advocate ^ honble mr. justice m. m. kumar, chief justice honble mr. justice hasnain massodi, judge date:02. 01.2013 : : m. m. kumar, cj cma no. 01/2013 1. this is an application for bringing on record legal heirs of wazir neelam singh-respondent no. 1 who has expired during the pendency of the letters patent appeal. the names of legal heirs are:- 1. bindu wazir.2. seema wazir 3. rashmi wazir the application is duly supported by an affidavit of the appellant wazir neelam singh and gian singh. accordingly, the application is allowed subject to all just exceptions and the aforesaid three persons are permitted to join as legal heirs of wazir neelam singh”2. the application is disposed of. lpac no. 17/2010 3. the instant appeal under clause 12 of the letters patent is directed against judgment order dated 26.08.2010 rendered by the learned single judge of this court, holding that the non-applicantrespondents wazir neelam singh now through lrs and savitri devi were permitted to join as plaintiff in the suit. they were sought to be excluded from the property of the deceased wazir baij nath who is the father and father-in-law of wazir neelam singh through lrs and savitri devi respectively on the basis of a will executed in favour of the objector.4. feeling aggrieved, wazir gian singh has filed the instant letters patent appeal questioning the order of the learned single judge dated 14.09.2010 permitting the aforesaid wazir neelam singh through lrs and savitri devi to join as party respondents to the proceedings.5. we have heard mr. surinder singh, learned counsel for the appellant at some length and are of the view that the appeal is devoid of merit. if a person is sought to be excluded to inherit property on the basis of a will then he would be a necessary party. 3 the learned single judge has rightly exercised the jurisdiction by accepting wazir neelam singh through lrs and savitri devi as party respondents.6. as a sequel to the above discussion, the appeal fails and the same is dismissed. (hasnain massodi) (m. m. kumar) judge chief justice jammu, 02.01.2013 parshant 
Judgment:

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAC No. 17 OF 201.Wazir Gian Singh Petitioners Wazir Neelam Singh and anr Respondent !Mr. Surinder Singh, Advocate ^ Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:

02. 01.2013 :

: M. M. Kumar, CJ CMA no. 01/2013 1. This is an application for bringing on record legal heirs of Wazir Neelam Singh-respondent no. 1 who has expired during the pendency of the Letters Patent Appeal. The names of legal heirs are:- 1. Bindu Wazir.

2. Seema Wazir 3. Rashmi Wazir The application is duly supported by an affidavit of the appellant Wazir Neelam Singh and Gian Singh. Accordingly, the application is allowed subject to all just exceptions and the aforesaid three persons are permitted to join as legal heirs of Wazir Neelam Singh”

2. The application is disposed of. LPAC no. 17/2010 3. The instant appeal under Clause 12 of the Letters Patent is directed against judgment order dated 26.08.2010 rendered by the learned Single Judge of this Court, holding that the non-applicantrespondents Wazir Neelam Singh now through LRs and Savitri Devi were permitted to join as plaintiff in the suit. They were sought to be excluded from the property of the deceased Wazir Baij Nath who is the father and father-in-law of Wazir Neelam Singh through LRs and Savitri Devi respectively on the basis of a Will executed in favour of the objector.

4. Feeling aggrieved, Wazir Gian Singh has filed the instant Letters Patent Appeal questioning the order of the learned Single Judge dated 14.09.2010 permitting the aforesaid Wazir Neelam Singh through LRs and Savitri Devi to join as party respondents to the proceedings.

5. We have heard Mr. Surinder Singh, learned counsel for the appellant at some length and are of the view that the appeal is devoid of merit. If a person is sought to be excluded to inherit property on the basis of a will then he would be a necessary party. 3 The learned Single Judge has rightly exercised the jurisdiction by accepting Wazir Neelam Singh through LRs and Savitri Devi as party respondents.

6. As a sequel to the above discussion, the appeal fails and the same is dismissed. (Hasnain Massodi) (M. M. Kumar) Judge Chief Justice Jammu, 02.01.2013 Parshant