The court clarified that proceedings under Section 372 of the Indian Succession Act are summary and do not grant final adjudication of rights, allowing for provisional determinations to meet urgent needs.

JUDGMENT :

A.C. Behera, J.

This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioners against the opposite parties praying for quashing the final order dated 07.09.2018 (Annexure-5) passed in C.M.A. No.03 of 2017 under Section 372 of the Indian SUCCESSION ACT , 1925 by the learned Senior Civil Judge, Rayagada.

2. The factual backgrounds of this CMP, which prompted the petitioners for filing of the same is that, they (petitioners) are the parents of their only son Deverkonda Sridhar. Their son i.e. Deverkonda Sridhar died in a motor vehicular accident on dated 07.11.2016 leaving behind his widow wife Santoshi Rupa, his two minor sons, namely, Deverkonda Sai Siddharth and Deverkonda Sai Samarth @ Sairam along with the petitioners as his successors. The deceased son of the petitioners i.e. Deverkonda Sridhar was serving in J.K. Paper Mills as Deputy Manager. After the aforesaid motor vehicular accidental death of Deverkonda Sridhar, his service benefits were credited to the account of his wife i.e. Santoshi Rupa vide her Axis Bank S/B Account No.916110052677316 of Rayagada Branch. The insurance policy benefits of their deceased son Deverkonda Sridhar were also credited to the said account of his wife in Axis Bank, Rayagada Branch. Two accounts were also opened in the name of minor sons of Deverkonda Sridhar i.e. Deverkonda Sai Siddharth and Deverkonda Sai Samarth @ Sairam vide Account Nos.917010028155887 & 917010028106076 respectively in the said Axis Bank, Rayagada Branch for the credit of insurance benefits of their deceased son. In addition to that, LIC Policy bearing No.574356001 of their deceased son had ripened for maturity at the time of his death. After the death of their son Deverkonda Sridhar, his wife Santoshi Rupa and his above two minor sons i.e. Deverkonda Sai Siddharth and Deverkonda Sai Samarth @ Sairam expired on dated 25.05.2017 committing suicide at a time in a house while they were staying at Eluru in West Godavari District, Andhra Pradesh leaving behind the petitioners as their successors. For which, the petitioners approached the Bank Manager of Axis Bank and the Manager of LIC i.e. O.P. Nos.1 & 2 for disbursement of the deposited amounts and policy benefits of Deverkonda Sridhar, Santoshi Rupa, Deverkonda Sai Siddharth and Deverkonda Sai Samarth @ Sairam in their favour, but the O.P. Nos.1 & 2 directed the petitioners for production of succession certificate obtaining from the competent Court of law for the release of the said amounts of the deceased Deverkonda Sridhar, Santoshi Rupa, Deverkonda Sai Siddharth and Deverkonda Sai Samarth @ Sairam in their favour. Therefore, the petitioners (husband and wife) approached the Court of learned Senior Civil Judge, Rayagada by filing Intestate Case No.03 of 2017 under Section 372 of the Indian SUCCESSION ACT , 1925 being the petitioners arraying the Branch Manger of Axis Bank, Rayagada and the Branch Manager, LIC, Rayagada as O.P. Nos.1 & 2 respectively praying for issuance of a Succession Certificate in their favour for releasing the deposited amounts of the aforesaid deceased persons and their policy benefits in their favour by the O.P. Nos.1 & 2.

During the course of enquiry of CMA No.03 of 2017 by the learned Senior Civil Judge, Rayagada, after closure of evidence from both the sides, as per order dated 07.09.2018, on the basis of the evidence of the O.P.W.1 (Branch Head of Axis Bank of Rayagada Branch) and exercising power conferred under O.1 R.10(2) read