SWARNALATHA GUPTA Vs. VIJAY PRAKASH

JUDGEMENT

(1.) This appeal is directed against the impugned order dtd. 15/4/2019 passed in P & SC No.152/2014, whereby the said petition filed by respondent No.2 against respondent No.1 was allowed by the trial court, thereby directing issuance of succession certificate in relation to the movables of deceased Aravinda Putta @ Aravinda Kumar jointly and equally in the ratio 50:50 in favour of both respondents.

(2.) Heard Sri.Rajagopala Naidu, learned counsel for the appellants, Sri.R.Abhinav, learned counsel for respondent No.1 and Sri.G.R.Mohan, learned counsel for respondent No.2.

(3.) The material on record discloses that respondents 1 and 2 are the brother and sister respectively of deceased Arvinda Putta @ Aravinda Kumar, who expired in a road traffic accident that occurred on 23/6/2012, in which his wife Smt.Reena Putta and their children Nisha Putta and Nitish Putta also expired. The aforesaid petition was filed by respondent No.2 (petitioner before the trial court), the sister of Arvinda Putta against respondent No.1 (respondent before the trial court), brother of Arvinda Putta, inter alia contending that the subject properties were owned and possessed by late Aravinda Putta @ Aravinda Kumar at the time of his death, upon which, the respondent Nos. 1 and 2 being his brother and sister succeeded to the same as his class-II heirs and were entitled to issuance of succession certificate jointly in their favour. The respondent No.2 examined herself as PW-1 and Exs.P1 to P18 were marked. The respondent No.1 did not adduce any oral evidence; however, documentary evidence at Exs.R1 to R6 were marked on his behalf.