Sri.Jamana Venkata Satya Raj Kiran

Page No.1 OS No. 577 of 2024

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE-CUM-

XII JUDICIAL MAGISTRATE OF FIRST CLASS

RANGA REDDY DISTRICT AT RAJENDRANAGAR

Present: Sri Jamana Venkata Satya Raj Kiran

I Addl. Junior Civil Judge–cum- XII Judicial Magistrate of First Class, R.R.District at Rajendranagar.

Tuesday, the 11 th day of February, 2025

O.S No. 577 of 2024

Between:

1.Smt. Razia Begum W/o Mohd Moinuddin, aged about59years, Occ: Household, R/o. H.No 8-15-32/A/4, Shasripuram, Mailardevaplly. Shivrampally. R.R.District.

2.Smt. Shaheen Fatima W/o Mohammed Osman D/o Mohd Moinuddin, aged about 41 years, Occ: House wife, R/o H.No.8-15-32/A/3, Shasripuram, Mailardevaplly, Shivrampally, R.R. District

3.Mohd Sadiq S/o Mohd Moinuddin Aged about 42 years, Occ: Business, R/o.H.No.8-15-32/A/4, Shasripuram, Mailardevapily, Shivrampally, R.R.District.

4.Smt. Farheen Fatima w/o Mohd Saber D/o Mohd Moinuddin Aged about 38 years, Occ: House Hold, R/o H.No.8-15-32/A/3/1034, Shasripuram, Mailardevaplly, Shivrampaliy, R.R.District.

5.Mohd Zaheduddin S/o Mohd Moinuddin Aged about 34 years, Occ: Business, R/o H.No.8-15-32/A/4, Shasripuram, Mailardevpally, Shivrampally, R.R.District.

6.Smt. Yasmeen Begum W/o Mohd Firoz Khan D/o Mohd Moinuddin, Aged about 32 years, Occ: House hold, R/o H.No.8-15-32/A/1034, Shasripuram, Mailar devaplly, Shivrampally, R.R.District.

7.Mohd Saber S/o Mohd Moinuddin Aged about 33 years, Occ: Business, R/o H.No.8-15-32/A/4, Shasripuram, Mailardevaplly, Shivrampally, R.R.District.

8.Mohd Sajid S/o Mohd Moinuddin Aged about 28 years, Occ:Business, R/o H.No.8-15-32/A/4, Shasripuram, Mailardevaplly, Shivrampally, R.R.District

...Plaintiffs

AND

Page No.2 OS No. 577 of 2024

1.The Tahsildar/M.R.O. Rajendranagar Mandal, R.R.Dist.

2. All Concerned.

...Defendants

This suit is coming before me for final hearing in the presence of Sri R.Pinkeshwari, Advocate for the Plaintiffs and Defendants are set exparte and the matter having been stood over for consideration till this day, this Court made the following:

:: J U D G M E N T ::

The suit is filed by the Plaintiffs, praying the court to declare the Plaintiffs No.1 to 8 as Legal Heirs of Late Mohd Moinuddin.

2. The case of the Plaintiffs as per the plaint averments is as follows:

i)That the Plaintiffs submit that the plaintiffs are wife and daughter of Late iey

Mohd Moinuddin. The husband of Plaintiff no.1 and father of Plaintiff no.2 to 8 Late Mohd

Moinuddin expired on: 29.08.2024 leaving behind them the Plaintiffs as their surviving legal heirs, they are succeeds legal status of the said deceased.

ii)It is further submitted that, the Plaintiffs after the death of Mohd Moinuddin, the Plaintiffs have approached the Defendant no.1 ie the Tahsildar/MRO., Rajendra Nagar

Mandal, Rajendra Nagar, R.R.District on 25.09.2024 for grant of legal heirs certificate unfortunately, the Defendant no. 1 has orally refused to grant legal heir certificate stating that owing to the government circular his office has stopped granting legal heir certificate and suggested to approached proper Civil Court, as they are issuing only Govt Employees.

However, the Defendant did not disclose any particulars of the Government order asked them not to grant legal heir certificate. The Defendant no. 1 has received application but he did not give any reply or issue any legal heir certificate in favour of the plaintiffs. Evidently,

Page No.3 OS No. 577 of 2024 the plaintiffs have a right to be declared as legal heir, and that after care consideration and due enquiry the plaintiffs notice that the plaintiff do not have any other remedy except approaching this Hon'ble court for decree of declaration that the plaintiffs legal heirs of That

Mohd Moinuddin, that except the Plaintiffs there are no legal he the deceased for legal status of the plaintiffs.

iii)It is further submitted that, the plaintiffs further submits that the plaintiffs have no adverse interest in seeking the relief claimed herein and the relevant documents substantiate their claim and heir ship with reference to the deceased and further there is no claimants claiming similar relief in favour of against the plaintiffs herein except the plaintiffs herein there are no other legal heirs to the deceased Mohd Moinuddin.

iv) It is further submitted that, the Plaintiffs approached this Hon'ble court without suppression of any material facts as on the date of filing of the suit and put form their case with clean hands and that there is no bar or legal impediment for this Hon'ble court to grant the reliefs as prayed herein.

v) It is further submitted that, the after careful consideration and due enquiry the plaintiffs Notice that this Hon'ble court is the only appropriate forum where the plaintiffs can be declared as the legal heirs of Mohd Moinuddin for legal Status. Hence this suit.

3.The Defendant No.1, inspite of receiving summons, did not appear before the Court.

Hence Defendant No.1 is set exparte. Against Defendant No.2, paper publication is made, but no objections received. Hence, Defendant No. 2 is set exparte.

4.On behalf of Plaintiffs, Plaintiff No.1 was examined as PW1 and Ex.A1 to Ex.A17 are marked.

Page No.4 OS No. 577 of 2024

5.Heard the arguments of learned counsel for the Plaintiffs and perused the record.

6. Now the points for determination that arose are:

(i)Whether the Plaintiffs are entitled to be declared as Legal Heirs of Late Mohd Moinuddin ?

(ii) To what relief?

Point No.1:

7.On behalf of Plaintiffs, PW1 was examined and Ex.At to ExA17 are marked through her. Ex.AI is the original death certificate of Mohd Moinuddin. Ex.A2 is the the office copy of letter to Tahasildar, Rajendranagar Mandal, dated 24.09.2024. ExA3 is the Aadhar card of

Razia Begum. Ex.A4 is the Aadhar card of Shaheen Fatima. Ex.A5 is the Aaadhar card of

Mohd Sadiq. Ex.A6 is the Aadhar card of Farheen Fatima. Ex.A7 is the Aaadhar card of

Mohd Zahed Uddin. Ex.A8 is the Aadhar card of Yasmeen Begum. Ex.A9 is the Aadhar card of Mohd Saber. Ex.A10 is the Aaadhar card of Mohd Sajid. Ex.All is the Original

Bonafide and conduct certificate of Yasmeen Begum. Ex.A12 is the Original Bonafide and conduct certificate of Mohd Saber. Ex.A13 is the Original Bonafide certificate of Shaheen

Fatima. Ex.A14 is the oringinal SSC Certificate of Mohd Zahed Uddin. Ex.A15 is the

Original Bonafide and conduct certificate of Mohammed Sajid, Ex. A 16 is the Original

Bonofide certificate of Farheen Fathima, Dt: 31.10.2013. Ex.A17 is the Original PAN card of Mohammed Sadiq.

8.The chief of PW-1 is the replication of plaint averments, Coming to documentary evidence, perusal of Ex. Al reveals that said Late Mohd Moinuddin was died on 29.08.2024

Perusal of Ex. Al and A3 depicts that the name of deceased Mohd Moinuddin is recorded as husband of Plaintiff No.1. Perusal of Ex.A5, A7, A9 to A17 depicts that the name of

Page No.5 OS No. 577 of 2024 deceased Mohd Moinuddin is recorded as Father of Plaintiff No. 2 to 8. Therefore, perusal of Ex. A1, A3, A5, A7, A9 to A17 discloses that the Plaintiffs are the legal heirs of deceased Mohd Moinuddin.

9.Even otherwise, since the Defendants are ser exparte, the chief of PW-1 and Ex. Al.

A3, A5, A7, A9 to A17 are remained unchallenged In view of unchallenged testimony of

PW-1 and documents Ex. A1, A3, A5, A7, A9 to A17, this Cour finds nothing to disbelieve the version of Plaintiffs, as to the extent of declaring the plaintifs as legal heirs of deceased

Mohd Moinuddin.

10.Having regard to facts and circumstances of case and for the reasons stated above, it is concluded that Plaintiffs are entitled to be declared as the Legal Heirs of deceased Mohd

Moinuddin. Accordingly, point no.1 is decided in favour of the Plaintiffs.

Point No.2:

11. In the result, the suit is decreed without costs only by declaring the Plaintiffs no.1 to 8 as the legal heirs of Late Mohd Moinuddin.

(Dictated, corrected and pronounced by me in the open Court on this the 11 th day of February, 2025.)

I Addl. Junior Civil Judge-cum-

XII Addl.Judicial Magistrate Of First Class,

R.R District at Rajendrangar.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PLAINTIFFS

PW1/Smt.Razia Begum W/o Late Mohd Moinuddin.

Page No.6 OS No. 577 of 2024

DEFENDANTS

- NIL –

EXHIBITS MARKED FOR

PLAINTIFFS:-

Ex.A1 is the original death certificate of Mohd Moinuddin. Ex.A2 is the the office copy of leter to Mahasildar, Rajendranagar Mandal, dated 24.09.2024. Ex. A3 is the Aaadhar card of Razia Begum. Ex. A4 is the Aadhar card of Shaheen Fatima. Ex. A5 is the Aaadhar card of Mohd Sadiq Ex. A6 is the Aadhar card of Farheen Fatima. Ex. A7 is the Aaadhar card of Mohd Zahed Uddin. Ex. AB is the Aadhar card of Yasmeen Begum. Ex. A9 is the Aadhar card of Mohd Saber. Ex. A10 is the Aaadhar card of Mohd Sajid. Ex.A11 is the Original Bonafide and conduct certificate of Yasmeen Begum. Ex. A12 is the Original Bonafide and conduct certificate of Mohd Saber. Ex.A13 is the Original Bonafide certificate of Shaheen Fatima. Ex. A14 is the oringinal SSC Certificate of Mohd Zahed Uddin. Ex. A15 is the Original Bonafide and conduct certificate of Mohammed Sajid. Ex. A16 is the Original Bonofide certificate of Farheen Fathima, Dt: 31.10.2013. Ex.A17 is the Original PAN card of Mohammed Sadiq.

DEFENDANTS:- - NIL-

I Addl. Junior Civil Judge-cum- XII Judicial Magistrate Of First Class, R.R District at Rajendrangar.

Page No.1 OS No. 184 of 2024

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE-CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS

RANGA REDDY DISTRICT AT RAJENDRANAGAR

Present: Sri Jamana Venkata Satya Raj Kiran

I Addl. Junior Civil Judge–cum- XII Judicial Magistrate of First Class, R.R.District at Rajendranagar.

Friday, the 07 th day of February, 2025

O.S No. 184 of 2024

Between:

1.Burra Srikanth Goud S/o Late Burra Kumar goud, aged about 40 years, Occ: Business,

2)Burra shashikanth Goud S/o Late Burra Kumar goud, aged about 35 years, Occ: Business,

3) Burra Manikanth Goud S/o Late Burra Kumar goud, aged about 31 years, Occ: Business, Kumar goud,

4)Burra saikanth Goud S/o Late Burra Kumar goud, aged about 40 years, Occ: Business,

...Plaintiffs

AND

1.The Tahsildar GandipetMandal, Ranga Reddy District,

2. All Concerned. ...Defendants

This suit is coming before me for final hearing in the presence of Sri I Nagender Rao, Advocate for the Plaintiff and Defendants are set exparte and the matter having been stood over for consideration till this day, this Court made the following:

:: J U D G M E N T ::

The suit has been filed by the Plaintiff, praying the court to declare the Plaintiff as

Legal Heir of Late Burra Kumar Goud and also to declare him as successors of the suit schedule properties.

Page No.2 OS No. 184 of 2024

2. The case of the Plaintiffs as per the plaint averments is as follows:

i)That the Plaintiffs submit that Late Burra Kumar Goud S/o.Late Burra

Mankaiah died on 02-06-2023 and his wife Late Smt. Santosha was died on 25-01-2012, leaving behind the Plaintiffs herein as their legal heirs. The Plaintiff No.1 to 4 are sons of

Late Burra Kumar Goud and Late Smt.Santosha.

ii)It is further submitted that, during the life time of Late Burra Kumar Goud had purchased all that Plot bearing No.25 in Survey No.98/1, admeasuring 250 Sq. Yards or 209.00 Sq.Mus, situated at Brindavan Colony, Bandlaguda Jagir and Municipality, Gandipet

Mandal, (Previously part of Bandlaguda Jagir Grampanchayat, Rajendernagar Mandal)

Ranga Reddy District, (morefully described in the Suit Schedule Property and hereinafter referred as Document No.3080 of 2016 dated 23-05-2016, registered before S.R.O.

Gandipet, Ranga Reddy District, executed by M. Nagesh Goud S/o M Sudershan Goud.

iii)It is further submitted that, Late Burra Kumar Goud died intestate and the wife 2012 of Late Burra Kumar Goud died on 25-01-29 leaving behind the Plaintiffs herein as their only legal heirs to succeed the Suit Schedule Property and after his death the Plaintiffs are in possession and enjoyment over the Suit Schedule Property as joint owners and possessors.

iv)It is further submitted that, they intends to obtain construction permission from the Bandlaguda Municipality in respect of Suit Schedule Property and accordingly they approached the said authority and they informed the Plaintiffs to produce Family Member

Certificate from the concerned Tahsildar and thereafter the Plaintiffs on 08-09-2023 approached the Defendant No.1 for obtaining Family Member Certificate / Legal Heir

Certificate but the Defendant No.1 informed the Plaintiffs that they are not competent authority to issue Family Member Certificate / Legal Heir Certificate and they directed the

Page No.3 OS No. 184 of 2024 plaintiffs to approach civil court as such the Defendant No.1 is made performa party to this suit.

v)It is further submitted that the Plaintiffs are the only legal heirs of Late Burra

Kumar Goud and Late Smt. Santosha and after their death they have succeed the Suit

Schedule Property, in view of above circumstances the Plaintiffs are left with no other Sut option except to approach before this Hon'ble Court for the present. Hence, this suit.

3. The Defendant No.1, inspite of receiving summons, did not appear before the Court.

Hence Defendant No.1 is set exparte. Against Defendant No.2, paper publication is made, but no objections received. Hence, Defendant No. 2 is set exparte.

4.On behalf of Plaintiff, Plaintiff was examined as PW2 and Ex.A1 to Ex.A15 are marked.

5.Heard the arguments of learned counsel for the Plaintiff and perused the record.

6. Now the points for determination that arose are:

(i)Whether the Plaintiffs are entitled to be declared as Legal Heir of Late Burra Kumar Goud?

(ii)Whether the Plaintiffs are entitled to be declared as successors of Late Burra Kumar Goud?

(iii) To what relief?

Point No.1:

7. On behalf of Plaintiffs, PW1 was examined and Ex.Al to Ex.A15 are marked through him. Ex.A-1 is the Death Certificate of Late Burra Kumar Goud Sio Late Burra Mankaiah.

Ex.A2 is the Death Certificate of Late Smt. Santosha. Ex.A3 is the Certified copy of sale deed bearing No. 3080 of 2016 of SRO, Gandipet. Ex.A4 is the Aadhar card of Burra

Srikanth Goud. Ex.AS is the Aadhar card of Burra Shashikanth Goud. Ex.A6 is the Aadhar

Page No.4 OS No. 184 of 2024 card of Burra Manikanth Goud. Ex.A7 is the Aadhar card of Burra Saikanth Goud. Ex.A8 is the market value certificate. Ex.A9 is the Encumbrance certificate. Ex.A10 is the Aadhar card of Burra Kumar Goud. Ex.A11 is the Original Bonafide and conduct certificate of B

Shashikanth Goud. Ex.A12 is the Original Bonafide and conduct certificate of B. Manikanth

Goud. Ex.A13 is the Original Bonafide and conduct certificate of Burra Saikanth Goud. Ex.

A14 is the Original Birth certificate of Burra Manikanth Goud. Ex.A15 is the Household card.

8.The chief of PW-1 is the replication of plaint averments, Coming to documentary evidence, perusal of Ex.Al reveals that Late Burra Kumar Goud was died on 02.06.2023.

Perusal of A2 and A15 depicts that the name of Smt.Santosha is recorded as wife of Kumar

Goud and said Smt.Santosha was died on 25.01.2012. Perusal of Ex-A4 to A7 and A11 to

A15 depicts that the name of the deceased Late Burra Kumar Goud is recorded as father of

Plaintiffs No.1 to 4. Therefore, perusal of Ex-A4 to A7 and A11 to A15 discloses that

Plaintiffs are the legal heirs of deceased Late Burra Kumar Goud.

9.Even otherwise, since the Defendants Nos. 1 and 2 are set exparte, the chief of PW-1 and Ex-A4 to A7 and A1 to A15 remained unchallenged. In view of unchallenged testimony of pw-1 and documents Ex-A4 to A7 and A11 to A15, this Court finds nothing to disbelieve the version of Plaintiffs, only as to the extent of declaration of the plaintiffs as legal heirs of the deceased Burra Kumar Goud.

10.Having regard to facts and circumstances of case and for the reasons stated above, it is concluded that Plaintiffs are entitled to be declared as the Legal Heirs of deceased Burra

Page No.5 OS No. 184 of 2024

Kumar Goud. Accordingly, point no. 1 is decided in favour of the Plaintiffs by declaring the

Plaintiffs as Legal heirs of deceased Burra Kumar Goud.

Point No.2:

11. Since the documents filed by Plaintiffs are not sufficient to say that the Plaintiffs are the successors of suit schedule property, it is concluded that Plaintiffs are not entitled to be declared as successors of suit schedule property. Accordingly, the point no.2 is answered against the Plaintiffs.

Point No.3:

12. In the result, the suit is partly decreed without costs by declaring the Plaintiffs as the legal heirs of deceased Burra Kumar Goud and the suit is dismissed as to the relief of declaration of plaintiffs as successors of suit schedule property.

(Dictated, corrected and pronounced by me in the open Court on this the 7 th day of February, 2025.)

I Addl. Junior Civil Judge-cum- XII Addl.Judicial Magistrate Of First Class, R.R District at Rajendrangar.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PLAINTIFFS

PW1/Burra shashikanth Goud S/o Late Burra Kumar goud,

DEFENDANTS

- NIL –

Page No.6 OS No. 184 of 2024

EXHIBITS MARKED FOR

PLAINTIFFS:-

Ex.A-1 is the Death Certificate of Late Burra Kumar Goud S/o Late Burra Mankaiah. Ex. A2 is the Death Certificate of Late Smt Santosha. Ex. A3 is the Couried copy of sale deed bearing No. 3080 of 2016 of SRO, Gandipet. Ex. A4 is the Aadhar card of Burra Srikanth Goud. Ex. A5 is the Aadhar card of Burra Shashikanth Goud. Ex. A6 is the Aadhar card of Burra Manikanth Goud. Ex. A7 is the Aadhar card of Burra Saikanth Goud. Ex. A8 is the market value certificate. Ex. A9 is the Encumbrance certificate. Ex. A10 is the Aadhar card of Burra Kumar Goud. Ex. A11 is the Original Bonafide and conduct certificate of B Shashikanth Goud. Ex.A12 is the Original Bonafide and conduct certificate of B. Manikanth Goud. Ex.A13 is the Original Bonafide and conduct certificate of Burra Saikanth Goud. Ex. A14 is the Original Birth certificate of Burra Manikanth Goud. Ex.A15 is the Household card.

DEFENDANTS

- NIL-

I Addl. Junior Civil Judge-cum-

XII Judicial Magistrate Of First Class,

R.R District at Rajendrangar.

Page No.1 OS No. 381 of 2024

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE-CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS

RANGA REDDY DISTRICT AT RAJENDRANAGAR

Present: Sri Jamana Venkata Satya Raj Kiran

I Addl. Junior Civil Judge–cum- XII Judicial Magistrate of First Class, R.R.District at Rajendranagar.

Friday, the 07 th day of February, 2025

O.S No. 381 of 2024

Between:

Mr.Aniket Alam S/o Late Javeed Alam, Aged about 53 years, Occ: Professor, R/o: A-13, Anand Nivas, IIT-H Campus, Gachibowli, Ranga Reddy district, Telangana.

...Plaintiffs

AND

1.Mandal Revenue Officer, Rajendra Nagar Mandal, Ranga Reddy District,

2. All Concerned. ...Defendants

This suit is coming before me for final hearing in the presence of Sri Swathi Menon P, Advocate for the Plaintiff and Defendants are set exparte and the matter having been stood over for consideration till this day, this Court made the following:

:: J U D G M E N T ::

The suit has been filed by the Plaintiff, praying the court to declare the Plaintiff as

Legal Heir of Late Javeed Alam and also to declare him as successors of the suit schedule properties.

2. The case of the Plaintiffs as per the plaint averments is as follows:

i)That the Late Sri. Javeed Alarm and Late Smt. Jayanti Alam were legally wedded husband and wife and having a only son Le., the Plaintiff herein as stated above cause title and during the life time of late Sri. Javeed Alam had owned a self-acquired property: Their alter the plaintiff's father and mother were living in the self-acquired property as enumerated below in Schedule of Property.

Page No.2 OS No. 381 of 2024 ii)It is further submitted that, Late Sri. Javeed Alam was the absolute owner and peaceful possesor of the Suit schedule property bearing municipal Flat No.32013 in Block

No. 11, in Second Floor with super built up area 1,475 Sq.Ft, in Sy no. 2,193/A, 193AA, 194/A, 198/1, 195/2, 190A, 196/AA, 196/E, 197, 198, 203 & 207 in Janapriya Utopia situated ar Hyderguada Village, Rajendra Nagar Mandal, Ranga Reddy District., vide

Registered Sale Deed Document no. 11513 of 2005 dated. 03-11-2005, SRO at Rajendra

Nagar Mandal.

iii)It is further submitted that, while things stood thus, to the uter shock of the

Plaintiff and his family members, on 12-11-2015 due to ill health, the Plainif's mother Le..

Smt. Jayanti Alam demised leaving the Plaintiff and his father behind. Later, the plaintiffs father Sri. Javeed Alam fallen to ill health after the demise of plaintiff Mother and due to ill health, Sri. Javeed Alam demised on 05-12-2016 leaving behind his only legal heir i.e., the

Plaintiff herein.

iv)It is further submitted that the Plaintiff is the only surviving legal heir of Late

Sri. Javeed Alam. It is pertinent to mention that, due to sudden demise of Sri. Late Javeed

Alam, the Plaintiff and his family went into the shock and unable to recover from the said shock and they were mentally shattered. The Plaintiff is the sole bread earner of the family and the Plaintiff being the working employee as a Professor could not obtain necessary legal heir certificate at that time. Thereafter, When the Plaintiff approached and also issued a

Registered Post with ACK due dated 20-06-2024 the concerned office Le., Defendant no. 1 to obtain a Legal Heir Certificate from the said Tahsildar and the concerned Tahsildar directed the Plaintiffs to approach the competent Civil Court to obtain Legal Heir Certificate as per due procedure of law of mutation of the said suit schedule property, the officer of the

Page No.3 OS No. 381 of 2024

Defendant no. I instructed the Plaintiff to approach the Hon'ble Court to obtain Declaration of Legal Heir Certificate.

v)It is further submitted that the Plaintiff is the only surviving legal heir as such the plaintiff herein is filing the present Suit for Declaration of Legal Heir as is entitled for the declaration of title over the above-mentioned property pertaining to Late Sti. Javeed

Alam. As such, the Plaintif is filing the present suit to seeking directions of this hon'ble court to declare himself as legal heirs and successors of Late Javeed Alam.

vi)It is further submitted that the Plaintiff is in need of succession certificate declaring that he is the only surviving legal heirs of Late Javeed Alam for the purpose of getting the name on record, the plaintiff and by way of mutation on records of revenue and to transfer of the property, the plaintiff is approaching this Hon'ble Court for necessary order for grant of Declaration of Title over the said property in favour of Plaintiff.

Vii)It is further submitted that the Plaintiff is having no alternate but constrained to approach this Hon'ble Court seeking the relief of declaration ie. declaring that the

Plaintiff as the legal heirs of Late. Javeed Alam, otherwise this plaintiffs will be put to irreparable loss and damage which cannot be compensated in any manner.

3. The Defendant No.1, inspite of receiving summons, did not appear before the Court.

Hence Defendant No.1 is set exparte. Against Defendant No.2, paper publication is made, but no objections received. Hence, Defendant No. 2 is set exparte.

4. On behalf of Plaintiff, Plaintiff was examined as PW1 and Ex.A1 to Ex.A7 are marked.

5. Heard the arguments of learned counsel for the Plaintiff and perused the record.

Page No.4 OS No. 381 of 2024

6. Now the points for determination that arose are:

(i)Whether the Plaintiff is entitled to be declared as Legal Heir of Late Javeed Alam ?

(ii)Whether the Plaintiff is entitled to be declared as absolute successors of Late Javeed Alam?

(iii) To what relief?

Point No.1:

7. On behalf of Plaintiff, PW1 was examined and Ex.A1 to Ex.A7 are marked through him.

Ex.A1 is the Meeseva certified copy of death certificate of late Sri Javeed Alam. Ex.A2 is the Original Aadhar card of plaintiff. Ex. A3 is the Certified copy of sale deed no. 11513 of 2015, dated 03.11.2025, Ex.A4 is the Certified copy of Encumbrance certificate. Ex.A5 is the Original market value certificate dated 10.06.2024. Ex.A6 is the original death certificate of Jayanti Alam. Ex.A7 is the original driving license of plaintiff.

8. The chief of PW-1 is the replication of plaint averments, Coming to documentary evidence, perusal of Ex.A1 reveals that said Late Javeed Alam was died on 05.12.2016.

Perusal of Ex.A1, A2 and A7 depicts that the name of deceased Javeed Alam is recorded as

Father of Plaintiff. Therefore, perusal of Ex.A1, A2 and A7 discloses that Plaintiff is the legal heir of deceased Javeed Alam.

9. Even otherwise, since the Defendants are set exparte, the chief of PW-1 and Ex.A1, A2 and A7 are remained unchallenged. In view of unchallenged testimony of PW-1 and documents Ex. Ex A1, A2 and A7, this Court finds nothing to disbelieve the version of

Plaintiffs, as to the extent of declaring the plaintiff as legal heir of deceased Javeed Alam.

Page No.5 OS No. 381 of 2024

10. Having regard to facts and circumstances of case and for the reasons stated above, it is concluded that Plaintiff is entitled to be declared as the Legal Heir of deceased Javeed Alam.

Accordingly, point no. 1 is decided in favour of the Plaintiff.

Point No.2:

11. Since the documents filed by Plaintiff is not sufficient to say that the Plaintiff is the successor of suit schedule property of deceased Javeed Alam, it is concluded that Plaintiff is not entitled to such relief. Accordingly, the point no.2 is answered against the Plaintiff.

Point No.3:

12. In the result, the suit is partly decreed without costs by declaring the Plaintiff as the legal heirs of deceased Javeed Alam and the suit is dismissed as to the relief of declaration of plaintiff as successors of suit schedule properties of deceased Javeed Alam.

(Dictated, corrected and pronounced by me in the open Court on this the 7 th day of February, 2025.)

I Addl. Junior Civil Judge-cum- XII Addl.Judicial Magistrate Of First Class, R.R District at Rajendrangar.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PLAINTIFFS

PW1/Sri. Aniket Alam.

DEFENDANTS

- NIL –

Page No.6 OS No. 381 of 2024

EXHIBITS MARKED FOR

PLAINTIFFS:-

Ex.A1 is the Meeseva certified copy of death certificate of late Sri Javeed Alam. Ex.A2 is the Original Aadhar card of plaintiff. Ex. A3 is the Certified copy of sale deed no.11513 of 2015, dated 03.11.2025. Ex.A4 is the Certified copy of Encumbrance certificate. Ex.A5 is the Original market value certificate dated 10.06.2024. Ex.A6 is the original death certificate of Jayanti Alam. Ex.A7 is the original driving license of plaintiff.

DEFENDANTS

- NIL-

I Addl. Junior Civil Judge-cum-

XII Judicial Magistrate Of First Class,

R.R District at Rajendrangar.

CC No. 207 / 2025

15.02.2025

Accused produced before the jail adalath and admitted the offence under section 380 of IPC through petition. His plea appearts to be voluntarily made and is accepted and convicted under section 241 CrPC . He is SI/RI for 18 months each and fine of Rs 100/- for offence and in default to suffer SI of 15 days. The remand period from 13.06.2024 to 15.02.2025 undergone by the accused shall be given set off under section 428 crPC.

The unmarked case property vide CPR No.143/20224 shall be returned to the defact complainant /owner of the property immediately after disposal of the main case as case may be. The superintendent, central prison, chanchalguda is directed to release the accused forthwith if he is not required in any other case

CC No. 3114 / 2024

15.02.2025

A2 produced before the jail adalath and admitted the offence under section 454 380 of IPC through petition. His plea appearts to be voluntarily made and is accepted and convicted under section 241

CrPC . He is SI/RI for 6 months each and fine of Rs 250/- each for each offence and in default to suffer SIn of 15 days. The sentence in each offence shall run concurrently. The remand period from 29.08.2024 to 15.02.2025 undergone by the accused shall be given set off under section 428 crPC.

The superintendent, central prison, chanchalguda is directed to release the accused forthwith if he is not required in any other case