V SREEKANTHA REDDY Vs. VARANASI RAJEENA VENUGOPAL REDDY

JUDGEMENT

(1.) Aggrieved by an order in O.P. No.798 of 1992 on the file of the learned District Judge, Nellore, dated 5th April, 1995, the respondents therein preferred this appeal under Section 384 of the Indian Succession Act.

(2.) The respondent herein filed the above mentioned O.P. for grant of succession certificate so as to enable her to receive the gold ornaments pledged to the Bank for securing a loan.

(3.) The case of the respondent is that she is the widow of one late Varanasi Venugopal Reddy, resident of Nellore. The appellants herein are the brother's children of said Venugopal Reddy. The respondent married the said Venugopal Reddy on 23.3.1972. While so, the said Venugopal Reddy pledged certain gold ornaments with Punjab National Bank, Nellore and State Bank of India for obtaining certain loans, the details of which are not necessary for the purpose of this order. The said Venugopal Reddy died on 11.5.1991 issueless. It is also averred in the petition that the respondent herein paid an amount of Rs.9,115-30 on 7.8.1991 to the Pubjab National Bank, Nellore and an amount of Rs.20,697/- to the State Bank of India, Nellore and cleared off both the loans. When she was about to take delivery of the gold ornaments pledged, the appellants herein, it appears, objected the delivery of ornaments to the respondent, claiming that they are also entitled to the said ornaments. It is averred in the petition that on the face of the objection raised by the appellants, the Bank authorities called upon the respondent to furnish the succession certificate empowering her to receive the gold articles. Hence, the-above-mentioned O.P.