JUDGMENT:

This appeal is filed against the decree and judgment dated

23.06.2011 partly allowing the appeal in A.S.No.193 of 2010 on the file of the Court of VI Additional District Judge (FTC), Guntur filed by the appellant against the order dated 21.01.2010 dismissing the petition in S.O.P.No.7 of 2009 on the file of the Court of Principal Junior Civil Judge, Guntur under Section 372 of Indian Succession Act to issue the petitioner a Succession Act in respect of the following items of the properties lying in a locker in the Syndicate Bank.

2. The appellant herein filed S.O.P.No.7 of 2009 contending briefly as follows:

She is the daughter of late Dasari Nageswara Rao who worked as Village Development Officer at Guntur and retired from service in the year 1992 and died on 11.06.1996 having suffered from cancer and took treatment in Yashoda Hospital, Somajiguda, Hyderabad. She and the respondent who is her brother, and the respondent are the only children of late Dasari Nageswara Rao and her mother died on 02.06.1995, but whereabouts of the respondent are not known inspite of the reasonable efforts made by her to trace him. The petition schedule items of property were kept in the bank locker by her father. Her father executed a Will dated 28.12.1994 bequeathing all his properties to the petitioner, to the respondent and the cousin of the petitioner by name Kumari Paruchuri Deepthi. O.P.No.55 of 2000 was filed on the file of the VI Additional Junior Civil Judge, City Civil Court, Hyderabad for issuing a succession certificate in respect of some other property left and by order dated 22.11.2001, a succession certificate was issued and the rest of the properties are now shown in the petition schedule which are not covered by the Will. The petitioner undertook to give the share of the petition schedule property to the respondent as and when he is traced. The petitioner claims, as a Class-I legal heir, along with the respondent, the properties left by their father. The petitioner got issued legal notice dated 10.10.2003, to the Branch Manager of the Syndicate Bank, Brundavan-gardens Branch, Guntur in respect of the petition schedule property and the Manager, having received the same, had not replied. Hence, the petition was filed.

3. The respondent was set ex parte before the trial Court. The petitioner was examined as PW.1 and Exs.A.1 to A.5 were marked. Ex.A.1/01.05.2000 death certificate of Dasari Nageswara Rao (date of death 11.06.1996), Ex.A.2/ 21.03.1996 death certificate of V.Seetha Ravamma (date of death: 02.06.1995), Ex.A.3/02.11.2001 Succession Certificate issued by the VI AJCJ, City Civil Court, Hyderabad, Ex.A.4/10.10.2003 registered legal notice (office copy) along with postal receipt and acknowledgement of Syndicate Bank, Ex.A.5/02.04.2005 office copy of the legal notice along with postal receipt and acknowledgment of the Syndicate Bank, Guntur.

4. After conducting the enquiry, the trail Court dismissed the petition holding that there is no evidence to prove that the petitioner is the daughter of the deceased Dasari Nageswara Rao and also there is no evidence to prove the properties said to be kept in the locker.

5. Aggrieved by the order, the petitioner preferred appeal in A.S.No.193 of 2010 and adduced additional evidence by filing Exs.A.6 and A.7 which are Will of her father and SSC certificate and also the appellant has examined herself as A.W.1 and A.W.2 who is the attestor of the Will. Thereafter, the appellate Court held that the evidence disclosed that the petitioner/appellant is the daughter of the deceased Dasari Nageswara Rao, however observed that there is no proof that the petition schedule articles are in existence. Accordingly, while allowi