THE HONOURABLE Dr.JUSTICE G.RADHA RANI CIVIL REVISION PETITION Nos.2814 AND 2815 OF 2019

COMMON ORDER:

CRP No.2814 of 2019 is filed by the petitioner-respondent No.6 against the order passed in I.A .No.406 of 2019 and CRP No.2815 of 2019 is filed by the petitioner-respondent No.6 against the order passed in I.A. No.405 of 2019 in SOP No.22 of 2018 on the file of the I-Senior Civil Judge, City Civil Court, Hyderabad. Both the I.As. are disposed of vide common order dated 23.08.2019.

2. The above I.As. are filed by the petitioner-respondent No.6 under Order XVI Rule 14 read with Section 151 of CPC to reopen the matter for the purpose of cross-examination of the respondent No.2- petitioner No.2 i.e. Sri G. Narasimha Rao in SOP No.22 of 2018 by summoning him.

3. The facts of the case in brief are that the respondent Nos.1 and

2 filed SOP No.22 of 2018 under Section 372 of the Indian Succession Act for grant of succession certificate for their 1/3^rd share each in the outstanding amount of Rs.22,65,428-82 Ps., of late Narsing Gooda Rao in Canara Bank, Abid Road Branch and 1/3^rd share each in two accounts pertaining to late Narsing Gooda Rao with the State Bank of India, Bank Street, NRI Branch, for an outstanding amount of Rs.3,66,231/- and a balance of Rs.1,36,807/- in SBNRE along with interest accrued as on the date of payment. The case of the petitioners was that Smt. G. Sunitha (petitioner No.1 in SOP No.22 of 2018) and Smt. C. Indira (respondent No.3 in SOP No.22 of 2018) were the sisters and the petitioner No.2 Sri G. Narasimha Rao was the brother of late Narsing Gooda Rao, who died in USA on 25.03.2015 leaving them behind him as his legal heirs and successors to his properties both movable and immovable. The said SOP was filed for issuing succession certificate in respect of the movable properties i.e. bank deposits, which were in the knowledge of the petitioners. They stated that their brother late Narsing Gooda Rao died due to old age in Florida, USA. He worked as a Professor in a University in Florida. He was unmarried. There was an outstanding amount as stated above in his bank accounts in Hyderabad. The petitioners and the respondent No.3 being the only legal heirs and successors to the estate of late Narsing Gooda Rao, were entitled to 1/3^rd share each. As the respondent No.3 was suffering from Alzheimer’s disease and as she was not in a position to recognize anyone and could not take any decision on her own and as she was taken care of by her sons, the petitioner Nos.1 and 2 alone filed the SOP in respect of their shares only to an extent of 2/3^rd leaving the 1/3^rd share of the respondent No.3 to claim separately by her or her legal heirs. The sons of the respondent No.3 filed implead petitions to add them as parties to come on record as the next friends of the respondent No.3 to safeguard the interest of the respondent No.3. The said petitions were allowed and they were brought on record as respondent Nos.5 and 6. During the course of trial, the petitioners adduced their evidence. The respondent No.6 at that stage filed these applications to reopen the matter and to summon the petitioner No.2 i.e. Sri G. Narasimha Rao for the purpose of cross-examination.

4. The respondent No.6 filed an affidavit in support of the petitions stating that the petitioner Nos.1 and 2 filed the main OP by playing fraud upon their mother by concealing the particulars of the cheques amounting to Rs.1.00 Crore (approximately) and Rs.70.00 lakhs apart from the subject matter of OP. The said amounts were received by the respondent Nos.1 and 2 (petitioner Nos.1 and 2 in the main OP) from the American Attorney Mr. Melvin D Stack, who sent the cheques belonging to the deceased Narsing Gooda Rao to Sri G. Narasimha Rao. The OP was filed for issuing succession certificate only in respect of the bank deposits which were in their knowledge reserving their right to file succession certificate in respect of the movable and immovable properties which they