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2022 (6) TMI 1337 - HC - Indian LawsValidity of succession certificate - it is contended that the petitioner has made a false representation and has obtained a Succession Certificate by concealing the material facts before the Trial court - HELD THAT:- Having regard to the said material on record, it would be difficult to accept the contention of the learned counsel for the petitioner that the petitioner has been erroneously described as the sister of late Chandrashekar. Further, the petitioner has sought to contend that the petitioner was adopted by late Chandrashekar and his wife Damayanthi in the year 1970. In the cause title of the writ petition, the petitioner's age is described as 51 years. If that is so, the petitioner might have been born somewhere in the year 1971. Therefore, it would be highly difficult to believe that the petitioner was taken in adoption by Chandrashekar and his wife in the year 1970. Prima facie it appears that the petitioner has misrepresented before the trial court and by concealing the material facts she has obtained a certificate under Section 372 of the Act and the trial court having appreciated this aspect of the matter in exercise of its inherent powers under Section 151 of CPC has rightly directed the petitioner to re-deposit the amount of Rs.17,69,332/-, which is withdrawn by her from the Pragathi Krishna Grameena Bank on the strength of the certificate issued to her in P & SC No.1/2016 - the order of the trial court does not suffer from any illegality or irregularity, which calls for interference by this court. Petition dismissed.
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