RAKESH TIWARI, J. - (1.) WE have heard Sri Sudhakar Yadav, counsel for the appellants on the question of delay condonation. This FAFO is reported to be beyond time by 42 days. Having gone through the affidavit filed in support of delay condonation application, we are of the view that the cause shown for delay in filing appeal is sufficient. Delay is condoned. Delay condonation application is, accordingly, allowed.
(2.) HEARD learned counsel for the appellants on merits of the case. This FAFO has been filed challenging the validity and correctness of the judgment and order dated 23.12.2012 passed by Civil Judge (S.D.), Shahjahanpur in Suit No. 45 of 2012: Sanjay Singh Yadav Vs. Smt. Mamta Devi. Brief facts of the case are that late Babu Ram Yadav who was working as Village Development Officer in Social Welfare Department, Shahjahanpur, died on 13.08.2010; that his first marriage was solemnized with Smt. Sudha. He had one son namely Sanjai Singh Yadav from the aforesaid wedlock. After death of his first wife, Babu Ram Yadav solemnized his second marriage with Smt. Mamta Devi, appellant no. 1 in the present appeal. From this wedlock five children were born who have been arrayed as respondents no. 2 to 6 in this appeal. Babu Ram Yadav died during service period on 13.8.2010 leaving behind him Sanjai Singh Yadav (son) from first wedlock, Smt. Mamta Devi his second wife and five sons and daughters i.e. respondents no. 2 to 6 as stated above.
(3.) RESPONDENT -Sanjai Singh Yadav filed civil suit no. 45 of 2012: Sanjai Singh Yadav Vs. Mamta Devi & others before Civil Judge (S.D.), Shahjahanpur on 06.10.2012 regarding issuance of succession certificate claiming his right on the basis of WILL dated 9.7.2010. Objections were filed by appellant no. 1 on her own behalf and her daughter and sons. By the impugned judgment dated 23.12.2012, 1/6th part of all retiral benefits of late Babu Ram Yadav were directed to be paid to his minor children namely Swati Devi (16 years), Vijai Yadav (14 years), Sonam (13 years), Bhanu Singh (11 years) and Nirbhai (09 years) under the guardianship of their mother Smt. Mamta Devi, and 1/6 remaining part was directed to be paid to Sanjai Singh Yadav.;