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2024 Supreme(Kar) 58

V. SRISHANANDA
T. Nagendra Setty, S/o. Late T. Thippanna Setty – Appellant
Versus
T. Vishwanath Setty, S/o. T. Thippanna Setty – Respondent


Advocates Appeared:
For the Appellant : Sri. Sathish M.S., Adv.
For the Respondents: Smt. Pallavi Pachhapure, Sri. Shivasai M. Patil, Sri. Rakesh Bilki.

JUDGMENT :

Heard Sri M.S.Sathish, advocate for appellant, Smt.Pallavi S. Pachhapure, advocate for respondent Nos.1 and 2, Sri Shivasai M. Patil, advocate for respondent No.5 and Sri Rakesh Bilki, advocate for respondent No.3.

2. Though the matter is listed for orders, with the consent of the parties, same is taken up for final disposal.

3. Appeal is filed by the first respondent in P & SC No. 03/2022 on the file of the Additional Senior Civil Judge and JMFC, Hosapete, assailing the Order dated 30.08.2023 passed in the said Case.

4. Facts in brief which are utmost necessary for disposal of the appeal are as under:

A petition came to be filed under Section 372 of the Indian Succession Act with a prayer for issue of Succession Certificate. One T.Vishwanath Setty being the youngest son of T.Thippanna Setty filed a petition seeking issue of Succession Certificate with regard to the Savings Bank Account, Fixed Deposit and Insurance Policy amounts held by Thippanna Setty. Appellant was named as nominee in the records maintained by banks and financial institutions.

5. The said petition for issue of Succession Certificate was contested. On such, petition came to be allowed. The operation po

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