DANDU SREEMANNARAYANA REDDY Vs. DANDU VENKATESWARA REDDY

JUDGEMENT

(1.) The present Appeal arises against the judgment and decree dtd. 7/9/2011 in A.S.No.132 of 2010 on the file of the Court of the II Additional District Judge, Ongole, Prakasam District reversing the decree or order dtd. 21/6/2010 passed in S.O.P. No.13 of 2006 on the file of the Court of the Principal Junior Civil Judge, Ongole.

(2.) A perusal of the record shows that the 1st respondent herein filed SOP No.13 of 2006 on the file of Principal Junior Civil Judge, Ongole seeking for granting succession certificate in favour of the petitioner empowering him to receive Rs.50,000.00 being his 1/4th share of the total amount mentioned in the petition schedule and for costs and the same was dismissed with costs. Being not satisfied with the same, he preferred A.S.No.132 of 2010 before the II Additional District and Sessions Judge, Ongole and the same was allowed vide judgment dtd. 7/9/2011 setting aside the order and decree in SOP No.13 of 2006 dtd. 21/6/2010 on the file of lower Court holding that the petitioner is entitled to 1/4th share, respondents No.1 and 2 are entitled to 1/4th share, respondent No.3 to 5 are entitled to 1/4th share and 6th respondent is entitled to 1/4th share out of the amount of late Janikamma lying with the 7th respondent and also they are entitled to receive the same from the 7th respondent. Challenging the same, the 8th respondent in AS No.132 of 2010 i.e., the appellant herein has preferred the present CMSA.

(3.) For the sake of convenience, the parties will hereinafter be referred to as arrayed in AS.Brief facts of the case are that Late Dandu Jankamma is the legally wedded wife of Late Dandu Seetharami Reddy, who is the 1st respondent, and they have not any issue. Therefore, the said Seetharami Reddy married one Late Seshamma as per Hindu Sastras and gave birth to three sons and one daughter namely (1) Dandu Venkateswara Reddy (2) Ramachandra Reddy (3) Vijaya Bhaskar Reddy and Seetharavamma, who is the 6th respondent. Later, Seetharami Reddy died intestate in the year 1951. His third son Vijay Bhaskar Reddy died leaving behind his wife and daughters, who are respondents No.4 and 5. Seetharami Reddy's second wife Seshamma also died. Seetharami Reddy's second son Rama Chandra Reddy also died leaving behind respondents No.1 and 2. Thus the appellant and respondents 1 to 6 are the legal heirs of Seetharami Reddy. Late Janikamma being the first wife of Seetharami Reddy lived separately from him and received maintenance from her husband. She had two Vikas Cash Certificates of Rs.50,000.00 each. The 7th respondent is the Branch Manager of the said Bank. Janikamma died intestate on 4/4/2000 leaving behind the appellant and respondents No.1 to 6 as her legal heirs as per Hindu Succession Act to succeed to her amounts. While things stood thus, the 8th respondent, who is the appellant herein has issued notice to the 7th respondent Bank claiming for payment of the entire deposit amount on the ground that he is the sole legal heir of his father Balarami Reddy, who was nominated by Janikamma. It is stated that as per law, legal heirs of Late Janikamma are entitled to receive the said amounts lying with the 7th respondent. Neither the nominee nor his legal heirs are entitled to the said amounts.