APHC010105392019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS SECOND APPEAL NO: 1 OF 2019 Between:

1. G. DHANALAKSHMI, W/O LATE P.JAYARAMAN, HINDU, AGED 44 YEARS, R/O D.NO.4-55, JANARDHANA COLONY, PERURU POST AND VILLAGE, TIRUPATHI, CHITTOOR DIST. ANDHRA PRADESH STATE.

...APPELLANT AND

1. G MOHAN BABU, S/O LATE P. JAYARAMAN, HINDU, AGED ABOUT

40 YEARS, R/O DIGUVAKAMMAPALLI, MANDANAPALLI, CHITTOOR DIST- ANDHRA PRADESH

2. G SURESH BABU, S/O LATE P.JAYARAMAN HINDU, AGED ABOUT

36 YEARS, R/O D.NO.10-8, NALANDA NAGAR, TIRUPATHI, CHITTOOR DISTRICT

3. THE CHIEF MANAGER INDIAN BANK TIRUPATHI, BRANCH CODE

290, GANDHI ROAD, TIRUPATHI, CHITTOOR DISTRICT.

...RESPONDENT(S):

the Judgment and Decree dated 21.01.2019 passed in A.S.No.92 of

2015 on the file of the X Additional District Judge Court, Tirupathi in modifying the Order and Decree dated 30.05.2015 in S.O.P No.42 of 2013 on the file of Principal Senior Civil Judge Court at Tirupathi, IA NO: 1 OF 2019 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 dispense with the filing of certified copy of the decree passed in A.s. NO.92/2015, dated 21.01.2019 on the file of the court of Honourable Principal Senior Civil Judge, Tirupathi in the above CMSA and pass.

IA NO: 2 OF 2019 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 grant stay of all further proceedings including execution of the Judgment and Decree dated 21.01.2019 passed in A.S.No.92 of 2015 on the file of the X Addl. District Judge Court, Tirupathi pending disposal of the Second Appeal and to pass IA NO: 3 OF 2019 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 Respondent No.3/Bank authorities not to dispense the Fixed deposits and S.B amount present in the Respondent No.3 bank bearing 1. Fixed deposit No.6019976761 for Rs.10,98,438/- 2. Fixed deposit No.977888324 for Rs.1,09,427/- 3. S.B Savings A/C No.463823835 for Rs.84,022/- Rs.12,91,887/- An amount of Rupees Twelve Lakhs Ninety One Thousand Eighty Eight hundred (Rs.12,91,887/-) to the Respondents No.1 & 2 herein pending disposal of the Civil Miscellaneous Second Appeal and to pass Counsel for the Appellant: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S):

1. SATYANARAYANA NIMMALA

2. NARIKAL PRABHAKAR The Court made the following Judgment:

The present Civil Miscellaneous Second Appeal filed aggrieved by the Decree and Judgment dated 21.01.2019 passed in A.S.No. 92 of 2015 on the file of X Additional District Judge Tirupati (for brevity ‘First Appellate Court’) in modifying the Order and Decree dated 30.05.2015 in S.O.P.No.42 of 2013 on the file of Principal Senior Civil Judge, Tirupati (for brevity ‘the Trial Court’)

2. For the purpose of convenience, the parties will be referred to as they are arrayed before the Courts below.

3. The Respondents No.1 and 2 herein filed a Petition under Section

372 of Indian Succession Act before the Court of Principal Senior Civil Judge, Tirupati seeking relief to grant succession certificate in their favour empowering them to receive 2/3^rd schedule amounts from the Respondent No.2/ Bank.

4. The precise case is that the Petitioners are the sons of deceased P.

Jayaraman through first wife G. Subhadra Devi, who died on 26.10.1999, leaving behind her the Respondents 1 and 2 and Mr. P. Jayaraman as her legal representatives to succeed his estate. After death of G. Subhadra Devi, the deceased P. Jayaraman married one G. Dhanalakshmi i.e Appellant/ Petitioner in the year 2000. However, the deceased was not blessed with any children through second wife i.e Appellant