2022 (3) TMI 1450 - HC - Indian Laws

Condonation of delay of 884 days in filing necessary application to revoke the succession certificate granted by this Court - HELD THAT - Though the respondents/petitioners have obtained succession certificate the applicants who claim to be the second wife and adopted daughter of the deceased R.Kapanipathi Rao have come forward with the present application to revoke the said succession certificate - Whether the first applicant and second applicant are the second wife and adopted daughter of the deceased or not or whether the first applicant has got any testimony can be decided not in this application however the Court has to see whether the reasons are sufficient to allow the application. On being satisfied with the averments stated in the affidavit filed in support of the application and also considering the submissions made by the learned counsel on either side the delay is condoned. Application allowed.

Summary

Issues: Delay in filing application to revoke succession certificate, validity of reasons for delay, sufficiency of reasons to allow the application.

Delay in filing application to revoke succession certificate:
The judgment addresses the delay of 884 days in filing the necessary application to revoke the succession certificate granted by the court. The court acknowledged the delay and considered the application for condonation of the delay. The delay was a crucial issue that needed to be resolved before proceeding with the application to revoke the succession certificate.

Validity of reasons for delay:
The court examined the reasons presented for the delay in filing the application to revoke the succession certificate. The applicants, claiming to be the second wife and adopted daughter of the deceased, provided reasons for the delay. The court scrutinized the validity of these reasons and assessed whether they were sufficient to warrant the condonation of the delay.

Sufficiency of reasons to allow the application:
While determining the sufficiency of the reasons presented for the delay, the court emphasized that the question of whether the first applicant and second applicant were indeed the second wife and adopted daughter of the deceased needed to be addressed separately. The court focused on evaluating whether the reasons put forth by the applicants justified allowing the application to revoke the succession certificate. After reviewing the affidavit and submissions from both parties, the court found the reasons to be satisfactory and decided to condone the delay.

In conclusion, the judgment delves into the issues of delay in filing the application to revoke the succession certificate, the validity of reasons for the delay, and the sufficiency of those reasons to allow the application. The court's decision to condone the delay was based on the satisfaction with the averments in the affidavit and the submissions made by the counsels. The court directed the registry to proceed with the application to revoke the succession certificate if it met all other requirements.