A claim for succession benefits based on a second marriage and a will is unsustainable if the first marriage remains legally subsisting and the legality of the second marriage is not proven by cogent evidence.

SUBMITTED FOR APPROVAL:

HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

1. Whether Reporters of Local Newspapers may be allowed to see the Judgment/Order? Yes/No

2. Whether the copy of Order may be marked to Law Reporters/Journals? Yes/No

3. Whether His Lordship wish to see the fair copy of the Judgment/Order? Yes/No

JUSTICE K.SREENIVASA REDDY

Counsel for the Appellant (s) :

Sri K.V.Raghu Veer

Counsel for the Respondents :

Sri T. Kumar Babu, Counsel for R.1, R4 to R7

Gist:

Head Note:

Cases referred:

This Court made the following:

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3327]

(Special Original Jurisdiction)

MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

CIVIL MISCELLANEOUS APPEAL NO: 1224/2011

Between:

1. REDDIPOGU PULLAMMA, W/O. LTE THIRUPALU R/O.

H.NO. B/B-1, B. CAMP, KURNOOL DISTRICT.

...APPELLANT

A N D

1. Y NAGAMMA DIED AND 2 OTHERS, W/O. LATE THIRUPALU R/O. H.NO. 87/858, DOCTORS COLONY, KURNOOL TOWN, KURNOOL DISTRICT. (DIED AS PER LR'S 4 TO 7)

2. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION, CUDDAPAH DISTRICT.

3. THE PRINCIPAL SILVER JUBILEE COLLEGE, KURNOOL DISTRICT.

4. Y CHITTEMMA, W/O. LATE VIVEKANANDUDU, AGED 35 YEARS, R/O. SRINAGAR COLONY, BESIDE GHOUSE MASJID, KURNOOL-518005

5. Y LAVANYA, D/O. LATE VIVEKANANDUDU, AGED 23 YEARS, R/O. SRINAGAR COLONY, BESIDE GHOSE MASJID, KURNOOL-518005

6. Y SOUJANA, D/O. LATE VIVEKANANDUDU, AGED 22 YEARS, R/O. SRINAGAR COLONY. BESIDE GHOUSE MASJID, KURNOOL-518005

7. Y PAWAN KUMAR, S/O. LATE VIVEKANANDUDU, AGE NOT KNOWN, R/O. SRINAGAR COLONY. BESIDE GHOUSE MASJID, KURNOOL-518005 RESPONDENTS NO.4 TO 7 ARE BROUGHT ON RECORD AS LR'S OF THE DECEASED RESPONDENT NO.1 VIDE COURT ORDER DATED 28.11.2025 IN I.A.NO.3/2025

...RESPONDENT(S):

Appeal Under Section_____against orders

IA NO: 1 OF 2011(CMAMP 2095 OF 2011

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 not to disburse death benefits of late Thirupalu to the 1st respondent pending disposal of the appeal

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 5020 days in filing the application to set aside the abatement of respondent no.1 in appeal and pass

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement of appeal against the respondent no.1 and pass

IA NO: 3 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit and bring the Legal Representatives of Respondent no.1 on record to contest the C.M.A. No. 1224 OF 2011 and all pending Interlocutory applications as the respondents 4 to 7 being the Legal representatives of Late Vivekanandudu and pass

Counsel for the Appellant:

1. K V RAGHU VEER

Counsel for the Respondent(S):

1.

2. T KUMAR BABU

The Court made the following:

J U D G M E N T

Challenge in this Civil Miscellaneous Appeal filed by the appellant herein/Petitioner, is to the Order, dated 10.08.2011, passed in Succession OP No.66 of 2009 by the learned I Additional District Judge, Kurnool (‘the learned trial Judge’ for short), whereunder the learned trial Judge, dismissed the petition filed under Section 372 of the Indian Succession Act, 1925 (for brevity ‘the Act, 1925’) for grant of Succession Certificate to the appellant herein/petitioner to claim death benefits of one Thirupalu, who died while working as Attender in Silver Jubilee College, Kurnool.

The parties to this C.M.A. will hereinafter be