K. GURURAJ Vs. JANATHA CO OPERATIVE BANK LTD

JUDGEMENT

(1.) This appeal is directed against the impugned order dtd. 10/12/2020 passed in P and SC No.44/2020 by the VII Addl.City Civil and Sessions Judge, Bangalore, whereby the said petition filed by the appellants seeking grant / issuance of succession certificate in relation to the movable assets / properties of late K.Haridas was dismissed by the trial court.

(2.) Heard learned counsel for the appellants and learned counsel for the respondent and perused the material on record.

(3.) The material on record discloses that the appellants are the class-II heirs of late K.Haridas, who died unmarried, issueless and intestate on 21/8/2017 leaving behind the appellants to succeed to his estate as his only heirs and legal representatives. At the time of his demise, the said late K.Haridas had the subject deposits, accounts, etc., in the respondent - Bank, who refused to release / disburse the said amounts in favour of the appellants, who instituted the aforesaid P & SC No.44/2020 before the trial court seeking issuance / grant of succession certificate in their favour. Though, the said petition was not opposed by the respondent - Bank, the trial court proceeded to pass the impugned order dismissing the petition, aggrieved by which, appellants are before this Court by way of the present appeal.