Smt. Farheen Kouser

O.S. No. 500 of 2024

IN THE COURT OF THE IX JUNIOR CIVIL JUDGE, CITY CIVIL COURT,

HYDERABAD.

Present: SMT. FARHEEN KOUSER,

IX Junior Civil Judge, City Civil Court, Hyderabad

Tuesday, dated the 16th day of April, 2024

Original Suit No. 500 of 2024

Between:

1. Sedimbi Venkata Rama Krishna, S/o. Late S. Ramachandra Rao, Age: 84 years, Occ. Retd Bank Employee, R/o. H.No. 12-2-830/28, Mathru Chaya, Subhodaya Colony, Near Anusha Hospital, Mehdipatnam, Hyderabad - 28.

2. Sedimbi Hemalatha Devi, W/o. Sedimbi Venkata Rama Krishna, Age: 80 years, Occ. Home maker, R/o. H.No. 12-2-830/28, Mathru Chaya, Subhodaya Colony, Near Anusha Hospital, Mehdipatnam, Hyderabad - 28.

3. Sedimbi S G Sudha Lakshmi, W/o. Ambaru Venkata Raghunadha Rao, Age: 51 years, Occ. Home Maker, R/o. H.No. 12-2-830/28, Mathru Chaya, Subhodaya Colony, Near Anusha Hospital, Mahdipatnam, Hyderabad - 28. … Plaintiffs AND

1. The Tahshildar, Asifnagar Mandal, Hyderabad.

2. All concerned. … Defendants

This suit is coming before me for final hearing in the presence of Sri. V. Sita Laxmi Bai, learned advocate for the plaintiffs and the defendants having remained exparte, and the matter having been heard and stood over for consideration to this date, this Court delivered the following:

J U D G M E N T

1.This suit is filed to declare the plaintiff as the legal heirs of Late

Sedimbi Pavani (hereinafter ‘the deceased’).

2. Brief averments of the plaint:- It is submitted that plaintiff No.1 is father and plaintiff No.2 is mother and plaintiff No.3 is elder sister of the deceased. The deceased was expired on 03.11.2014 and she is

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O.S. No.500 of 2024

unmarried at that time. After the death of deceased, that the plaintiffs are the surviving Legal Heir of Late Sedimbi Pavani and except the plaintiffs there are no other legal heirs of the deceased. The plaintiffs have approached defendant no.1 to obtain legal heir certificate and refused to issue the same and advised them to approach the competent Court of law. Hence there is no other option to approach this Hon'ble Court. Hence the suit.

3.On receipt of the summons, defendant no.1 failed to appear and contest, and though paper publication was issued for defendant no.2, none appeared denying the case of the plaintiffs. Hence, the defendants were set ex-parte.

4.In order to prove their claim, the plaintiff No.3 got herself examined as PW1 and got marked Ex.A1 to A4 i.e., death certificate, and aadhar cards of plaintiffs No.1 to 3.

5.Heard the learned counsel for the plaintiffs. Now the points for determination are;

1. Whether the plaintiffs are entitled to the relief of

declaring the plaintiffs as the legal heir of Late

Sedimbi Pavani as prayed ?

2. To what relief ?

6.Issue no.1 :- The affidavit in lieu of chief-examination of PW1 is the reiteration of the averments of the plaint. Ex.A1 to A4 establishes the case of PW1 that she is sister and plaintiff No.1 is father and plaintiff No.2 is mother of the deceased. The testimony of PW1 remains unchallenged and despite receipt of summons, defendant

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O.S. No.500 of 2024

no.1 failed to appear and contest the matter. In view of the unchallenged testimony of PW1 and Ex.A1 to A4, this Court is of the opinion that PW1 is entitled to the relief as sought for. Accordingly, this point is answered in the affirmative.

7.IN THE RESULT, this suit is decreed, declaring the plaintiffs as the legal heirs of Late Sedimbi Pavani for legal status only. No costs.

Typed to my dictation by the stenographer, corrected and pronounced by me in the open Court on the 16th day of April, 2024.

IX Junior Civil Judge, City Civil Court, Hyderabad.

APPENDIX OF EVIDENCE

WITNESS EXAMINED

PLAINTIFF DEFENDANTS

PW1Smt. Sedimbi S G Sudha Lakshmi.- Nil -

DOCUMENTS MARKED

PLAINTIFF DEFENDANTS

Ex.A1Original death certificate, dt.03.11.2014.- Nil -

Ex.A2Aadhar card of plaintiff No.1.

Ex.A3Aadhar card of plaintiff No.2.

Ex.A4Aadhar card of plaintiff No.3.

IX Junior Civil Judge, City Civil Court, Hyderabad.

IX JCJ, CCC, Hyderabad

DECREE IN ORIGINAL SUIT

IN THE COURT OF THE IX JUNIOR CIVIL JUDGE, CITY CIVIL COURT, HYDERABAD.

Present: SMT. FARHEEN KOUSER,

IX Junior Civil Judge, City Civil Court, Hyderabad

Tuesday, dated the 16th day of April, 2024

Original Suit No. 500 of 2024

Between:

1. Sedimbi Venkata Rama Krishna, S/o. Late S. Ramachandra Rao, Age: 84 years, Occ. Retd Bank Employee, R/o. H.No. 12-2-830/28, Mathru Chaya, Subhodaya Colony, Near Anusha Hospital, Mehdipatnam, Hyderabad - 28.

2. Sedimbi Hemalatha Devi, W/o. Sedimbi Venkata Rama Krishna, Age: 80 years, Occ. Home maker, R/o. H.No. 12- 2-830/28, Mathru Chaya, Subhodaya Colony, Near Anusha Hospital, Mehdipatnam, Hyderabad - 28.

3. Sedimbi S G Sudha Lakshmi, W/o. Ambaru Venkata Raghunadha Rao, Age: 51 years, Occ. Home Maker, R/o. H.No. 12-2-830/28, Mathru Chaya, Subhodaya Colony, Near Anusha Hospital, Mahdipatnam, Hyderabad - 28. … Plaintiffs AND

1. The Tahshildar, Asifnagar Mandal, Hyderabad.

2. All concerned. … Defendants

Claim :-This suit is filed to declare the plaintiffs as the legal heir of late Sedimbi Pavani (hereinafter ‘the deceased’). Cause of The cause of action arose on 03.11.20214 when Sedimbi Pavani died on Action:-15.12.2023 when the defendant No.1 had refused to issue legal heir certificate in respect of Late Sedimbi Pavani in favour of plaintiffs as such the cause of action is continuing and subsisting. Valuation :- Suit is valued at Rs.25,000/- and the Court fee of Rs.1,586/-is paid under Section 24 (d) of TSCF and SV Act.

Plaint presented on :24.01.2024

Plaint numbered on :02.02.2024

This suit is coming before me for final hearing in the presence of Sri. V. Sita Laxmi Bai, learned advocate for the plaintiffs, and defendants having remained exparte and this Court doth judgment and decree, delivered the following;

1. That the suit of the plaintiffs be and the same is hereby decreed, declaring that the plaintiffs No.1 to 3 as the legal heirs of Late Sedimbi Pavani for legal status only.

2. That there shall be no order as to costs.

Given under my hand and the seal of the Court on the 16th day of April, 2024.

IX Junior Civil Judge, City Civil Court, Hyderabad.

MEMO OF COSTS

Plaintiff Defendant

1. Stamp on plaint Rs. 1586/-

2. Stamp on power Rs. 2/-

3. Advocate fee Rs.

4. Service of process Rs.

5. Publication charges Rs.

----------------------------------------------------------------- Total: 1588/- -----------------------------------------------------------------

IX Junior Civil Judge, City Civil Court, Hyderabad.