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IN THE COURT OF ADDL.SENIOR CIVIL JUDGE'S, KADAPA.
Present: Smt.M.Shubhavani,
Addl.Senior Civil Judge, Kadapa,
Tuesday this the 14th day of August, 2018.
S.O.P. No.48 of 2014.
L.Sudhakar, having died, represented by his L.Rs., wife, minor son
and minor daughter namely,
1. K.Rajyalakshumma @ K.Rajayalakshmi,
2. Lingalagari Ns.Chandrakanth @ L.S.Chandrakanth, S/O Late
L.Sudhakar, 24 years, major, student,
3. Lingalagari Sai Chandramai @ Chandramayee S/O late
L.Sudhakar, major, 21 years, student.(The age and minor deleted
and replaced the major and age of 21 years of the petitioner No.2
and age of 24 years of petitioner No.3 are added as per orders passed
by this Honourable court in I.A.No.815 of 2018 dt:27.08.2018)
… Petitioners....
Vs.
N I L.
....Respondent....
This petition is coming on 10.08.2018, for final hearing
before me in the presence of Sri.M.Suresh Kumar, advocate for the
petitioners, and respondents NIL, and upon perusing the records,
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after hearing the petitioners counsel, and having stood over for
consideration, till this day, this court made the following:
::: O R D E R :::
This is an application filed by the petitioners, U/sec.372
of Indian Succession Act, 1925, seeking the relief to issue a
Succession Certificate, in favour of the petitioners for the schedule
amount.
2. The case of the petitioners as set out in the petition
are as follows:-
The petitioner No.1, petitioners Nos.2 and 3 are the wife
and children of late Lingaligari Sudhakar S/o L.Narasimhulu, who
died on 20.09.2008. During his life time he lend amount to one
Mukkamala Madhusudhana Rao, who is working as Government
teacher for his legal and family necessities. The said Madhusudhana
Rao, borrowed said amount of Rs.1,00,000/-(Rupees one lakh only),
on 01.02.2006 in the presence of witnesses agreeing to repay the
same with interest at the rate of 24% p.a., with his own handwriting
on the same day. Later the said Madhusudhana Rao, failed to
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discharge the debt along with interest accrued thereon.
Unfortunately, on 20.09.2008, the husband of the petitioner No.1
and father of petitioners 2 and 3, had died leaving behind the
petitioners as class-I legal heirs of deceased L.Sudhakar, who
succeeded the estate of him. It is further averred that, except the
petitioners there are no other persons left as legal representatives of
deceased L.Sudhakr. As per succession Act the petitioners are class-I
legal heirs of deceased L.Sudhakr. Hence they approached this court
for recovery of pronote amount described in the petition schedule,
but this court directed the petitioners to submit the succession
certificate of late L.Sudhakar for recovery of pronote due. Hence
this petition filed for grant of succession certificate covering the
schedule mentioned amount.
3. The petitioners have shown the respondents in the
petition as: NIL.
4. On behalf of the petitioners, the first petitioner,
K.Rajyalakshumamma @ Rajalakshmi, who is the wife of deceased
L.Sudhakar, examined as P.W.1, and got marked Exs.A.1 and A.2.
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5. Heard the arguments of petitioners' counsel.
6. Now the point that would arise for consideration is:
Whether the petitioners are entitled for the relief as
prayed for in the petition?
7. Point: It is the claim of the petitioners that, the
petitioner No.1, petitioners Nos.2 and 3 are the wife and children of
late Lingaligari Sudhakar S/o L.Narasimhulu, who died on
20.09.2008. During his life time he lend amount to one Mukkamala
Madhusudhana Rao, who is working as Government teacher for his
legal and family necessities. The said Madhusudhana Rao, borrowed
said amount of Rs.1,00,000/-(Rupees one lakh only), on 01.02.2006
in the presence of witnesses agreeing to repay the same with interest
at the rate of 24% p.a., with his own handwriting on the same day.
Later the said Madhusudhana Rao, failed to discharge the debt along
with interest accrued thereon. Unfortunately, on 20.09.2008, the
husband of the petitioner No.1 and father of petitioners 2 and 3, had
died leaving behind the petitioners as class-I legal heirs of deceased
L.Sudhakar, who succeeded the estate of him. Except the petitioners
there are no other persons left as legal representatives of deceased
L.Sudhakr.
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8. To substantiate the case of petitioners, first petitioner,
K.Rajyalakshumma @ K.Rajyalakshmi, examined as P.W.1. She
filed her chief affidavit in lieu of chief examination as P.W.1. She
reiterated the same facts as stated in the petition. However, she
relied upon Ex.A.1 and A.2. Ex.A.1 is the original death certificate
of L.Sukdhakr issued by Municipal Corporation, Kadapa and
Ex.A.2, is the family member certificate issued by Tashildar,
Kadapa. According to the evidence of P.W.1, the petitioners are the
legal heirs of the deceased L.Sudhakar. The evidence of P.W1,
coupled with Ex.A.2, family members certificate, issued by
Tashildar, Kadapa, proved that, the petitioners herein, are the legal
heirs of the deceased, L.Sudhakar. With this in mind, this court is of
the considered opinion that, the petitioners, K.Rajyalakshumma @
K.Rajyalakshmi, Lingalagari Ns.Chandrakanth @ L.S.Chandrakanth
and Lingalagari Sai Chandramai @ Chandramayee, who are the
wife and children of the deceased L.Sudhakr, are entitled for
succession certificate and to recover the pronote amount in
O.S.No.110 of 2009 as described in the petition schedule.
Accordingly, the point is answered.
9. In the result, the application is allowed. Issue a
succession certificate in favour of the petitioners, by name,
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K.Rajyalakshumma @ K.Rajyalakshmi, Lingalagari
Ns.Chandrakanth @ L.S.Chandrakanth and Lingalagari Sai
Chandramai @ Chandramayee, to recover the pronote amount i.e.,
Rs.1 lakh (Rupees one lakh only), with interest at the rate of 24%
P.A., from Mukkamala Madhusudhan Rao, dt:01.02.2006, in
O.S.No.110 of 2009 as described in the petition schedule.
Typed dictation to the Stenographer, corrected and pronounced
by me in the open Court, this the 14th day of August, 2018.
Sd/-M.Shubhavani,
Addl.Senior Civil Judge,
Kadapa.
APPENDIX OF EVIDENCE
Witnesses examined for petitioner:
P.W.1.K.Rajyalakshumma @ K.Rajyalakshmi,
Witnesses examined for respondent: NIL
Exhibits marked for petitioner:
Ex.A.1 is the original death certificate of L.Sukdhakr issued by
Municipal Corporation, Kadapa.
Ex.A.2, is the family member certificate issued by Tashildar,
Kadapa.
Exhibits marked for respondent: NIL.
Sd/-M.Shubhavani,
Addl.S.C.J.,
