* THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI *THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN + CIVIL MISCELLANEOUS APPEAL NO: 715 OF 2024 % 04.12.2024 # The Divisional Railway Manager and another ……Petitioners And:

$ Kattem Prashanth Kumari and others ….Respondents.

!Counsel for the petitioners : Mallampalli Srinivas (Central Government Counsel)

^Counsel for the respondents 1 to 3 : S.Raja Bhogendra Nath

>Head Note:

? Cases referred:

1. (2000) 2 SCC 431 2. (2000) 6 SCC 301 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * * * *

CIVIL MISCELLANEOUS APPEAL NO: 715 OF 2024 DATE OF JUDGMENT PRONOUNCED: 04.12.2024 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN 1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Your Lordships wish to see the fair Yes/No copy of the Judgment?

____________________

RAVI NATH TILHARI,J _______________________ CHALLA GUNARANJAN,J APHC011490632010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3509]

(Special Original Jurisdiction)

WEDNESDAY ,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 715/2024 Between:

The Divisional Railway Manager And Another and ...APPELLANT(S)

Others AND Kattem Prashanth Kumari And 4 Others and ...RESPONDENT(S)

Others Counsel for the Appellant(S):

1. MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL)

Counsel for the Respondent(S):

1. T D PANI KUMAR

2. RAJA BHOGENDRA NATH S

3. V CH NAIDU The Court made the following:

JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari)

This appeal was filed with C.M.A.(S.R).No.43696 of 2010 along with I.A.No.1 of 2010 for condonation of delay in filing the appeal.

After I.A.No.1 of 2010 was allowed condoning the delay, the present appeal was numbered as C.M.A.No.715 of 2024.

2. Heard Sri Mallampalli Srinivas, learned Central Government Counsel for the appellants and Sri S.RajaBhogendra Nath, learned counsel for respondent Nos.1 to 3. No representation for respondent Nos.4 & 5.

3. The appellants have filed this appeal under Section 384 of the Indian Succession Act,1925. The challenge is to the grant of succession certificate, vide order, dated 02.12.2009 in S.A.O.P.No.8 of 2008 on the file of the learned Principal District Judge, Ongole, in favour of the present respondents, to an extent as in the said order, partly allowing the said petition.

4. The S.A.O.P.No.8 of 2008 was filed by the respondents 1 to

3 herein, impleading the respondent Nos.4 & 5 and the appellants 1 & 2 herein (Respondents 3 & 4 in S.AO.P). The succession certificate was prayed under Section 372 of the Indian Succession Act, in respect of a sum of Rs.5,74,048/- (P.F Assets amount of Rs.3,09,385/-, C.G.I.S., amount of RS.37,276/- D.C.R.G., amount of Rs.2,27,535/- and leave salary of Rs.302/-.)

5. The parties shall be referred as in the present appeal.

6. The respondent No.1 is the 2^nd wife, the 2^nd respondent is the daughter and the 3^rd respondent is the son of late K.J.Prabhakara Rao, (an employee in South Central Railway, Gudivada), from the 2^nd wife. The respondent Nos.4 & 5 are the children of K.J.Prabhakara Rao from his 1^st wife.

7. The respondent Nos.4 & 5, (respondents 1 & 2 in SAOP)., filed counter and inter-alia denied the claim of the respondent Nos.1 to 3.

They claimed that they were alone entitled to receive all the benefits. 8. All the respondents 1 to 5 referred to the O.S.No.8 of 1997 on the file of the learned Senior Civil Judge, Gudivada, between them and the award of the LoK Adalat, dated 30.06.2001 therein, which was filed as Ex.A1. The respondent Nos.1 to 3 also filed O.S.No.22 of 1999 on the file of the learned Senior Civil Judge, Chirala, adding respondent Nos.4 & 5, which was also settled and ended in dismissal on 04.08.2001. The respondent Nos.4 & 5 filed E.P.No.78 of 2005