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IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE: VIJAYAWADA.
Present: Sri. P.David ., Prl. Senior Civil Judge, Vijayawada.
WEDNESDAY, THIS THE 30TH DAY OF JANUARY 2019.
O.S.No. 490/2014
Between:
K.S.R.Meher Baba S/o (Late ) Sobhanachala Rao, Hindu, aged 58 years, resident of D.No 1121/1, Opp. Petrol Bunk Street, Kankipadu.
..Plaintiff.
And :
1.Dokuparti Rajya Lakshmi Subraju W/o D.V. Nageswara Rao, Hindu, aged 64 years, resident of Kotturu ( Vijayawada Road ), Near High School, Edupugallu, Krishna District.
2.Kaki Krishna Gangadhara Gupta S/o (Late ) Sobhnachala Rao, Hindu, aged 62 years, resident of D. No 303, Lekhana Arcade, Vidyanagar colony, Chandanagar, near Sridevi theater, Hyderabad.
3. Kaki Naga Venkata Satya Sai Baba Janakiram S/o (late ) Sobhanachala Rao, Hindu, aged 59 years, resident of Net App, Sunnyvale, California, USA.
4.Addepalli Gopala Krishna Kumari W/o Addepalli, Adiseshu, Hindu, aged 53 years, resident of C/o Addpalli Ramasastrulu, Kirana Merchant, Veernakilaku, Pamidimukkala Mandal, Krishna District.
5.Kaki Yada Vendra Vara Prasad (IT Manager & Project Manager) (Late ) Sobhanachana Rao, Hindu, aged 49 years, resident of Austin, Texas Area, USA.
6.Branch Manager, Andhra Bank, Veerankilaku branch, Veeranki Laku,Pamidimukkala Mandal, Krishna District.
7.Branch Manager,The Krishna District Cooperative Central Bank, Limited, Veerankilaku Branch, Veeranki Laku, Pamidimukkala Mandal, Krishna District.
..Defendants
This suit is coming for final hearing before me on 312019 in the presence of Sri Muvva Srinivas, Advocate for the plaintiff and of D1 to D3 and D7 exparte and of Sri P.V.V.Vara Prasad, Advocate for the defendant No.4, and of Sri A.Yedukondala Rao, Advocate for the 6th defendant and having stood over for consideration till this day, this court delivered the following:
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JUDGMENT
This suit is seeking permanent injunction restraining the defendants 1 to 5 to withdraw the amounts in the savings bank account of Kaki Venkata Subba Rao, his fixed deposits and to operate safe deposit locker lying in the branch of Andhra
Bank, Veerankilaku branch, Pamidimukkala branch, Krishna District Cooperative
Central Bank Limited Veerankilaku branch, and to direct D6 and D7 to furnish the details of savings bank account to with draw the fixed deposits, open the safe deposit lockers lying in their branch belong to deceased Kaki Venkata Subba Rao and for costs and such other reliefs.
1.The plaint averments show both the plaintiff and D1 to D5 and the deceased
Kaki Venkata Subba Rao belong to the same family off springs of Kaki
Sobhanachala Rao. The the deceased Kaki Venkata Subba Rao is the eldest son,
D1 is the eldest daughter D2 and D3 are the elder brothers of the plaintiff, D5 is the younger brother, and D4 is the younger sister of plaintiff, and the plaintiff is the 4th son. Their father Kaki Sobhanachala Rao had performed the marriages of all the children.
2.The deceased Kaki Venkata Subba Rao is the eldest among all the issues of their parents. They were not blessed with children and his wife Indhira
Devi died 10 years back and the Kaki Venkata Subba Rao died on 2282013 at
Bangalore at the resident of his relatives due to ill health.
3.The deceased Kaki Venkata Subba Rao was the employee in
Kakaraparthi Bhavannarayana College, Kothapet, Vijayawada as Library Assistant and retired from his service in the year 1998 or 1999. 4th defendant used to provide food and other needs. The other brothers and sisters used to visit the Kaki
Venkata Subba Rao and render financial assistance to the 4th defendant as she is 3 looking after the welfare of kaki Venkata Subba Rao. The deceased kaki Venkata
Subba Rao had opened safe deposit lockers in Andhra Bank, Krishna District
Cooperative Central Bank, Limited, Veerankilaku branch, Pamidimukkala Mandal,
Krishna District and deposited some amounts in those banks and further deposited
Fixed deposits. None of the brothers have knowledge about these deposits and particulars. Since all the family members still in joint families kept certain documents with the deceased Kaki Venkata Subba Rao and those documents were also deposited in the safe deposit lockers. Unfortunately due to sudden demise of
Kaki Venkata Subba Rao they are under the dark situation.
4.After the death of Kaki Venkata Subba Rao the plaintiff got doubt and made enquiry the defendants only for information as they should not be any mis appropriation among the family members as the plaintiff and defendants are only legal heirs to the properties of cash, gold Fixed deposits etc. of Kaki Venkata Subba
Rao. But none of the defendants cooperated him for obtaining information with regard to the above details from the Bank authorities. Further the defendants have given evasive replies and the plaintiff was warned, there is no involvement to the plaintiff in this regard. Inorder to avoid mis appropriation of properties of deceased
Kaki Venkata Subba Rao he had addressed a letter to D6 and D7 on 2582013 stating that Kaki Venkata Subba Rao died and requested them not to allow any one to operate safe deposit lockers and to withdraw cash etc. The plaintiff had issued legal notice to both D6 and D7 requesting them to furnish particulars of the account number as well deposit lockers for the purpose of obtaining necessary orders from the Court of law, they received notices they did not furnish any details or to give any reply notice. After lapse of certain period D7 had issued a letter advising the plaintiff to obtain prohibitory order from the Court as per the advise given by their Counsel but they did not furnish the details. The plaintiff has made his efforts to obtain the details of the deposits, cash etc of deceased Kaki Venkata 4
Subba Rao but his efforts proved to be futile. The defendants 1 to 4 did not cooperative him, as no other go, this suit is filed.
5.D1 to D3, D5 and D7 remained exparte.
6.D4, D6 filed their Written statements. The Written statement of D4 decipher the relation ship between the plaintiff and the other defendants 1 to 5 and also the details of late Kaki Venkata Subba Rao, her brother. D4 stance is the deceased Kaki Venkata Subba Rao before leaving to Bangalore handed over certain receipts of Andhra Bank, Veerankilaku of Krishna District directing her to keep for in safe custody. Since this defendant is not well versed the affairs except faithful to his brother keep them with her. After death of her brother the officials of the
Andhra Bank D6 informed her that Kaki Venkata Subba Rao had availed nomination facility and this defendant is nominee in respect of one savings bank account two Recurring deposits and on 18 K.T. D.S and they will transfer the same in the name of nominee, this defendant issued, 3 deposit receipts by consolidating the amounts under the above different documents, which will be matured in April 2017 this defendant is in possession of the same and this episode was taking place
before instituting the suit.
7.The official of the 7th defendant informed her that Kaki Venkata Subba
Rao her brother has not preferred any one with the nominee and since most of the
F.Drs are not yet matured and since the plaintiff has raised the dispute with regard to the deposits and locker facility opened by Kaki Venkata Subba Rao and they will not entertain any requests with regard to them unless there is specific direction from the competent court and as such all the F.Drs remained with this defendant.
This defendant further contention is that the plaintiff never avoided the family members and the deceased Kaki Venkata Subba Rao had performed their marriages. The deceased Kaki Venkata Subba Rao is the practical man and he was retired in the year 2002 till such time he stayed at Penamaluru and shifted his residence along with his wife and mother to Veerankululu. But this defendant is 5 living and resided in the separate rented premises. While Kaki Venkata Subba Rao was residing in Veerankulu he used to look after the needs of his mother as well her brother, their mother died in the year 2013. Later Kaki Venkata Subba Rao shifted his residence to Edupugallu, near Penamaluru in 2013 staying in a rented house. The deceased Kaki Venkata Subba Rao is suffering from diabetes, hypertension and was under medical care. The deceased Kaki Venkata Subba Rao had left to Bangalore in the month of August 2013 to the house of her sister in law i.e his wife's sister. He died there at 7.30 p.m on 2282013. By that time this defendant and her family were attending the house warming function of 1st defendant's daughter on 2382013 at Adilabad. Therefore she could not attend her deceased brother as she was restrained by political agitation Andhra Agitation was in peak time there was transporting facility problem. Therefore she could not attend the funerals of her brother Kaki Venkata Subba Rao and he directed her 24 years old son who was residing at Bangalore to attend. Out of their issues of her 3rd and 5th defendants are at USA. When the fact of death of Kaki Venkata Subba Rao was informed to the plaintiff it is learnt that the plaintiff replied that he has nothing to do with the deceased and advised to handover the dead body to some medical college.
8. On the other hand the plaintiff on the very same day on 2382013 rushed to the Banks defendants Nos 6 and 7 and presented a representation claiming himself is one of the legal representatives. The cremation of Kaki Venkata
Subba Rao was attended by his her brotherinlaw i.e Sister's husband of Kaki
Venkata Subba Rao and his rituals performed through Arya Vysya Sangham at
Bangalore.
9.D4 is specific that she is only custodian of the documents handed over to her by the deceased Kaki Venkata Subba Rao to her. D4 is specific that she never intended to en cash any of the deposits and never intended to appropriate the 6 same for herself . Her brother entrusted the documents to her for safe custody and she faithfully adhered to the task entrusted to her. She denied the other allegations which are not specifically traversed. Further the suit is not valued properly and the suit is bad for non joinder of necessary parties and also this Court has no pecuniary jurisdiction to entertain the suit and prayed the court to dismiss the suit.
10.Written statement of D6 is that the Bank came to know the death of
Kaki Venkata Subba Rao son of Sobhanachala Rao was expired on 22082013.
During his life time the said Kaki Venkata Subba Rao has opened Savings Bank
A/c with No 060010100015276 and deposited fixed deposits and also recurring deposit plus and savings account. The said Kaki Venkata Subba Rao had utilized the 'nomination facility' his sister Addepalli Goplala Krishna Kumari (4th defendant) and her husband Addepalli Adi Seshu and their daughter Addepalli
Swathi respectively. The bank has furnished the particulars of deposits and savings account as detailed below which will be detailed post script of the Written statement.
11. The above nominees have submitted necessary claim forms to the Bank and bank accounts have been settled in their favour on 442014 and on 542014 respectively. The defendant contended that it is the bank acted according to the wishes and mandate of depositor Kaki Venkata Subba Rao son of Sobhanachala
Rao . He settled all the amounts to the nominees. The defendant is specific that depositor Kaki Venkata Subba Rao has no safe deposit locker in their bank. The defendant further specific that the defendant Bank denied the allegations in paras 3 to 9 to the plaint allegations for want of knowledge. When the plaintiff wanted to claim, he should have filed the Succession Certificate. Further this Court has no territorial jurisdiction as the suit amount cross Rs 10,00,000/. The defendant 7 denied other allegations which are not specifically traversed and prayed the Court to dismiss the suit.
Sl.No Type ofA/c No. RenewalNomination setteld Rs A/cs/Deposi ts Amount Rs 1Savings 060010100015276 55021A.G.K. Kumari ( 4th67,732;75 defendant )
2.RD plus 06002010001279211912Do 1,22,26.00
3.RD plus 0600201000190231626do170600
4.KTD06002010001811250000do49,85400
5.KTD06002010001811250000do49854.00
6.KTD0600201000181306225do 6227.00
7.KTD06002010001812150000do49854.00
8.KTD06002010001810350000do 49854
9.KTD0600201000811569984Addepalli Adiseshu56,89500
10.KTD06002010000812434502Addepalli Adiseshu28,456.00
11.KTD06002010000813368699Addepalli Adiseshu56,91300
12.KTD06002010000973450000A.G.K.Kumari(4th50,000.00 defendant)
13.KTD0600201000974350000A.G.K.Kumari ( 4th50,000.00 defendant)
14.KTD06001000976150000A.G.K. Kumari (4th50,000.00 defendant)
15.KTD0600201000975250000A.G.K.Kumari (4th50,000.00 defendant)
16.KTD06002010000977050000A.G.K.Kumari(4th50,000.00 defendant )
17.KTD06002010000977050000A.G.K.Kumari ( 4th50,000.00 defendant )
18.KTD06002010000982265320A.G.K.Kumari (4th65,160.00 defendant )
19.KTD06002010000983165320A.G.K.Kumari (4th65,158.00 defendant )
20.KTD0600201000979862187A.G.K.Kumari ( 4th65,160.00 defendant ) 21KTD06002010000981362186A.G.K.Kumari ( 4th65,158.00 defendant )
22.KTD06002010000980462186A.G.K.Kumari ( 4th65,158.00 defendant ) 23KTD06002010000984062187A.G.K.Kumari ( 4th65,160.00 defendant ) 8
24.KTD06002010002092273442Addepalli Sawthi70,000.00
25.KTD0600201001878799,768A.G.K.Kumari ( 4th1,01,898.00 defendant )
12.Basing on the above pleadings, the following issues have been settled for the purpose of atrial.
1.Whether this court is having pecuniary jurisdiction as claimed by D4 or not ?
2. Whether the suit is infructious in respect of claim of D6 or not ?
3.Whether the suit is bad for non joinder of necessary parties or not ?
4.Whether the court fee paid by the plaintiff is correct or not ?
5. Whether the plaintiff is entitled to the relief of permanent injunction as prayed by him or not ?
6.To what relief ?
13.In order to substantiate their case, the plaintiff examined P.Ws1 and 2 and got marked Exs A1 to A8.On behalf of the defendant D.W1 herself is examined and no documents are marked.
14.Heard both Counsels.
15. ISSUE NO.5:
The plaintiff sought the relief of permanent injunction restraining D1 to D5 to with draw and to operate the locker in D6 and D7 and also direct D6 and D7 to furnish the particulars of savings bank accounts with draw and Fixed deposits.
The above safe deposit lockers lying with the Banks D6 and D7 in respect of Kaki
Venkata Subba Rao .
16.The prayer is specific that the plaintiff wanted relief of grant of permanent injunction restraining the defendants to operate specific bank account so also with draw the fixed deposits and to operate the safe deposits locker of Kaki
Venkata Subba Rao in the bank accounts of D6 and D7.
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17.The pleadings are specific that all the parties are family members except D6 and D7, none of the parties denied the affinity with each other. The suit is based on assets left behind Kaki Venkata Subba Rao, the eldest brother of plaintiff and defendants 1 to 5 and he died intestate, therefore the plaintiff wanted to know the details of bank account numbers with specific amounts and the particulars of the records. Further he had issued notice to D6 and D7 and D7 has responded that he has to to take recourse for his claim. Whereas D6 did not respond to the notice issued by the plaintiff. Further D1 to D5 did not cooperate the plaintiff. The plaintiff is none other than the 4th son among the male issues of
Koka Sobhanachala Rao primogenitor of family of D1 to D5. It is an admitted fact that he was Assistant Librarian in the college of Kakaraparthi Bhavanarayana
College, Kottapeta, Vijayawada and he had died on 2282013 at Bangalore at the residence of his sister in law sister of his wife. The introspection of plaintiff is to know the details of savings of his eldest brother and to know the appropriate operation of among the plaintiff and D1 to D5. 4th defendant is one of off springs of
Sobhanachalm took the plea that the plaintiff never cared his brother and coming forward to claim the share in the properties left behind Kaki Venkata Subba Rao, infact before leaving to Bangalore Kaki Venkata Subba Rao had handed over certain documents to her being loyal lady she kept those documents with her and if really she wanted to mis appropriated, she would have claimed all the properties.
After some time the death of their brother Kaki Venkata Subba Rao she approached
D6 Andhra Bank had informed that Kaki Venkata Subba Rao, their depositor had availed the nomination facility in favour of D4, her husband and daughter.
Therefore D6 is quite clear by virtue of nomination forms, they acted as mandate of their depositor, except the amounts shown in the Written statement no locker facility availed by Kaki Venkata Subba Rao .
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18.The Chief examination of P.W.1 is nothing but replica of plaint averments. In the crossexamination P.W.1 has answered that he was retired from services as Superintendent in K.B.N. College which is none other than the college in which deceased Kaki Venkata Subba Rao elder brother of P.W.1 worked and retired. His answer shows that he is resident of Kankipadu and his village and
Penamaluru village are nearby villages. His mother was shifted to Veerankilakula village without his permission and another sister shifted his mother to Edupugallu village from Veerankula village and his deceased brother Kaki Venkata Subba Rao has stayed in the house of Edupugallu. The introspection of the defence Counsel is the plaintiff never brother to Kaki Venkata Subba Rao to look after his welfare. The 4th defendant, defence Counsel elicited that even on the date of death of Kaki
Venkata Subba Rao on 2282013 had submitted a letter to D6 and D7 he did not attend the cremation of his brother Kaki Venkata Subba Rao though he received message at 600 P.M . Instead of attending cremation he prepared a letters and submitted to D6 and D7 and he admitted that his son 4th defendant who was residing in Bangalore attended his cremation of late Kaki Venkata Subba Rao and funerals and obscues was performed by Arya Vysya Sangh, Bangaore. The Bank authorities intimated him that D4 is nominee of deposit by his brother
Kaki.Venkata Subba Rao and he admitted that nominees entitled to civil Court deposits of arrears in the interest of legal heirs.
19.P.W.2 is son of 1st defendant who says 4th defendant came to their house and searched Trunk box and took away some documents and valuables.
Himself and his wife questioned the same and she gave reply that she handed over the documents to her brothers as it is her responsibility. In the crossexamination he has answered they did not report the same to the police. D1 is his mother and she did not contest the suit and infact P.W.2 has no knowledge about Kaki
Venkata Subba Rao death as he was in Hyderabad, even the parents also did not pay obscues of Kaki Venkata Subba Rao. The purpose of examining P.W.2 is, that 11
D4 had forcibly took away the documents, valuables of Kaki Venkata Subba Rao, which are in the house of D1.
20.D.W.1 is the 4th defendant. Her evidence is nothing but replica of
Written statement averments. She admitted she did not attend the cremation of her brother Kaki Venkata Subba Rao as they were held up at Hyderabad to attend the house warming function of D1's daughter. The evidence of P.W.2 d'accord with
D.W.1 that non attending the cremation of Kaki Venkata Subba Rao at Bangalore.
However D.W.1 's son attended the cremation, who was residing in Bangalore. She denied the suggestion that she obtained signature of late Kaki Venkata Subba Rao in the nominee forms. No doubt the plaintiff is sponsoring the two gold medals in the K.B.N. College in the name of Kaki Venkata Subba Rao for merit students.
21. Both parties are in conscience of their pleadings. The only question is whether the plaintiff can seek the relief of permanent injunction restraining D1 to
D5 either to receive cash, fixed deposits and other benefits from D6 and D7 and to restrain D1 to D5 to operate bank locker of late Kaki Venkata Subba Rao. Sections 36 & 37 of Specific Releif Act are the provisions where partly can sought for injunction, it is preventive in nature. Section 38 speaks grant permanent injunction. Here the plaintiff sought preventive relief restraining D1 to D5 to receive cash, F.Drs and other benefits from D6 and D7 in respect of account of K.V.S. Even the plaintiff himself admitted D7 did not furnish any particulars of accounts of
K.V.S and not even bother to contest the suit. D6 is quite clear late Kaki Venkata
Subba Rao had availed nomination facility and they complied the mandate of depositor and paid the benefits to the nominees to D4, her husband and her daughter. They are specific that depositing Kaki Venkata Subba Rao had no facility of locker. If it is so, unless there is certain property, the plaintiff cannot ask to restrain D1 to D5 either to receive or to operate the locker. There is correspondence between the plaintiff and D7 in which D7, advised the plaintiff to resort legal 12 remedy in Ex.A9 and Ex.A10. D7 Bank advised the plaintiff to obtain prohibitory order from the competent court restraining to pay the amount to the nominees if no prohibitory received by the Bank the amount will be paid to nominees. If that be the answer, it can easily inferred, there are certain assets of late Kaki Venkata
Subba Rao in the hands of D7. The plaintiff prayed the Court to direct D6 and D7 to furnish the bank account number, F.D.R particulars and the bank locker and if they are supplied or furnished he will take recourse to appropriate and apportioned among the legal heirs of deceased Kaki Venkata Subba Rao.
22. As discussed above, D6 has clear that they have complied the mandate of depositor and no facility of bank locker of Kaki Venkata Subba Rao. Therefore, this Court cannot direct or restrain D6 to attend certain duty i.e to furnish particulars of the bank account of Kaki Venkata Subba Rao and also restrain D1 to D5 to receive any nomination facilities as D4, already availed the same. The plaintiff's counsel relied upon the legal provision of duty and responsibility of the nominee and the duties and responsibilities of nominee is only to keep the property entrusted to her and apportioned among the legal heirs. In the case law reported in
AIR 2016 139 between Sharita Vidyardhi Vs Ashok Vidhardhi and others wherein his Lordship held "The amount received by the nominee his wife shall distribute the amounts among the legal heirs. "
In the instant suit D4 already received benefits as per the nomination. If they are still in the hands of D6 no doubt the relief sought for can be entertained by the
Court to restrain D6 to pay the amount, benefits to D4 ,since account already No preventive order can be passed against D4 and D6. coming to the assets if any in
D7, D7 is directed to furnish the particulars of account number and other details of
Kaki Venkata Subba Rao. This issues are answered accordingly.
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23.ISSUES NOS 1 AND 4:
Till such time the plaintiff filed Written statement the plaintiff has no knowledge of value of the property of Kaki Venkata Subba Rao in the hands of D6 and D7 and in the Written statement D6 has stated that the property is more than 10,00,000/ . Further since the suit is filed seeking permanent injunction the court fee shall be paid on notional value under section 26 of court fee and suit valuable
Act under section 26 of Court fee of suit Valuation Act and the plaintiff has valued the suit for Rs 1,00,000/ Court fee is Rs 3056/.
Further the other releifs sought is directing D6 and D7 to furnish details of savings bank account to withdraw the all the fixed deposits, open the sale deposit locker inrespect of the account of the deceased Kaki Venkata Subba Rao is ancillary relief. Therefore , this issue is negatived to the defendants.
24.ISSUE NO. 2:
Since D6 has complied mandate of their depositor Kaki Venkata Subba Rao, this suit is infructious against D6. This issue is answered in favour of D6.
25.ISSUE NO.3;
Though D4 took plea the suit is bad for non joinder of necessary parties. Her intention is her husband and daughter also shall be added as parties until the
Written statement of D4 and D6 came forward the plaintiff has no knowledge that there was nomination facility availed by the deceased Kaki Venkata Subba Rao nominating D4, her husband and her daughter. Therefore, no fault on the part of the plaintiff. Hence this issue is answered against the defendant.
26. ISSUE NO.6:
In the result, the suit is partly decreed directing D6 to furnish account particulars, cash deposit bank locker facility of deceased Kaki Venkata Subba Rao to the plaintiff. Rest of the prayer is dismissed. Each party do bear their own costs.
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Dictated to the Stenographer, transcribed by her corrected and
pronounced by me in open Court on this the 30th day of January, 2019.
Principal Senior Civil Judge,
Vijayawada.
APPENDIX OF EVIDENCE
Witnesses examined.
For Plaintiff : For defendants:
P.W.1: K.P.S. Mehar Baba.D.W.1: A. Gopala Krishna Kumari.
P.W.2:D.Bhaskar Gupta.
Documents marked. For Plaintiff :
Ex.A1: Letter submitted to the Manager, Andhra Bank Veerankilaku
dt 22082013.
Ex.A2: Letter submitted to the Manager, Cooperative Central Bank Veerankilaku
dt 22082013.
Ex.A3: Office copy of legal notice dt 25082015.
Ex.A4: Office copy of legal notice dt 1892013.
Ex.A5: Acknowledgement dt 26082014.
Ex.A6: Acknowledgement dt 26082014.
Ex.A7: Acknowledgement dt 1992014.
Ex.A8: Acknowledgement dt 1992014
Ex.A9: Copy of letter dt 0412014 issued by the Manager.
Ex.A10: Copy of the letter dt 04032014 issued by the Manager.
Ex.A11: Death certificate.
For defendants : ..Nil
Principal Senior Civil Judge,
Vijayawada.