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1992 Supreme(AP) 163

V.NEELADRI RAO
G. Shiva Kumari – Appellant
Versus
Nasim – Respondent


V. NEELADRI RAO, J.

( 1 ) WHETHER the heir of the decree-holder has to be directed to produce the succession certificate for withdrawing the amount in court deposit to the credit of the deceased decree-holder is the point that falls for consideration in this revision petition.

( 2 ) THE facts which are relevant are as under: Late Bhagwan Narayana, the son of the revision petitioner, sustained injuries in motor accident on 11-5-1988. He filed O. P. No. 230 of 1988 on the file of the Additional District Judge-cum- motor Accidents Claims Tribunal, Adilabad under Section 110-A of the Motor vehicles Act, 1939. An award for Rs. 1,30,000/- was passed as per order dated 28-4-1989. Later i. e. , on 25-1-1990 Bhagwan Narayana, the son of the revision petitioner, expired. The judgment debtor i. e. , the Insurance Company deposited an amount of Rs. 80,000/- in the Court to the credit of the decree-holder in O. P. No. 230 of 1988. Then I. A. No. 489 of 1990 was filed by the revision petitioner herein and her husband and daughter in March, 1990 under Order XXII, rule 3 C. P. C. with a prayer to permit them to come as L. Rs. of the deceased and that they may be permitted to withdraw the amount in






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