Page 1 of 7 Fair Judgment O.S.No.216/2022 dated 24-11-2022 on the file of Prl. Senior Civil Judge’s Court, R.R.District
IN THE COURT OF THE PRLINCIPAL SENIOR CIVIL JUDGE,
R.R.DISTRICT, AT L.B. NAGAR
PRESENT: Dr. P. Siva Ram Prasad,
Principal Senior Civil Judge,
Ranga Reddy District, at L.B.Nagar
Thursday, This the 24h day of November, 2022
O.S.No. 216 of 2022
Between:
1. Shiva Ram Murthy Kaluvakolanu, S/o. LateK.Lala Lajapathi Roy, aged 49 years, Occ:Data Analyst,
2. Dhruva Kaluvakolanu, S/o. Shiva Rama Murthy Kaluvakolanu, aged 18 years, Occ:Student.
Both are R/o. 9 Love Street, Lynbrook Suburb, City of Casey Victoria (VIC) State, Postcode 3975, Country Australia (Plaintiff No.2 is minor and represented by his natural guardian Plaintiff No.1, Shiva Rama Murthy Kaluvakolanu)
Both are permanent R/o. H.No.8-57, Plot No.35, Road No.8, Mythripuram Colony, Near Kharmanghat, Jillelguda village, Ranga Reddy District, Telangana State, Pincode 500079.
....Plaintiffs
AND
1. Dy. Commissioner (GHMC) Meerpet
2. SRO, Ibrahimpatnam ....Defendants
This Original Suit is coming on 24-11-2022 for final hearing
before me in the presence of Sri T.K.Sarma, Advocate for the
plaintiffs, and defendants made exparte having heard the counsel
for the plaintiffs and stood over for consideration till this day, this
Court delivered the following:
:: JUDGMENT ::
1.This suit is filed by plaintiffs against the defendants requesting the court to declare them as legal heirs of deceased Kaluvakolanu Indira (hereinafter referred as "deceased") for the suit A and B schedule properties
The Brief averments of the plaint:
2. The brief avernments of the plaint are that the deceased passed away on 29-11-2021 leaving behind the 1st plaintiff i.e., her husband, 2nd plaintiff i.e., her son, both plaintiffs are living in Australia, during life time of the
PSCJ,R.R.Dist
Page 2 of 7 Fair Judgment O.S.No.216/2022 dated 24-11-2022 on the file of Prl. Senior Civil Judge’s Court, R.R.District deceased she suffered with breast cancer, she was the owner of the suit A schedule property having purchased the same and she got the suit B schedule property as gift, the plaintiffs made application to mutate their name but it was refused and they could not get the legal heir certificate and they are entitled for declaration of legal status as the legal heirs of the deceased. Hence the suit.
3.The suit summons of the defendants served, but they did not attend, hence was set exparte. During exparte evidence of the plaintiffs, the 1st plaintiff is examined as PW.1 virtually and he got marked Ex.A.1 to Ex.A.8 documents.
4. Heard counsel for plaintiffs and perused the record.
Points:
The points for consideration are
(i). Whether the plaintiffs proved the death of the deceased Indira on 29-11-2021?
(ii) Whether the plaintiffs proved the relationship between the
deceased and plaintiffs as the 1st plaintiff is husband and
2nd plaintiff is son?
(iii) Whether the plaintiffs proved that the deceased is
owner of the suit A and B schedule properties and the
plaintiffs being the husband and son are entitled for
legal heir declaration as prayed for?
Findings On The Points:
5.After hearing the counsel for the plaintiffs and after consideration of the material on record it is very clear that the plaintiffs are requesting for declaration that they are the legal heirs of the deceased. For this purpose the plaintiffs are required to prove
(i) the deceased died on 29-11-2021
(ii) that the 1st plaintiff is husband and 2nd plaintiff is son of the deceased
(iii) that the deceased was absolute owner of the suit A and B schedule properties and that
(iv) the plaintiffs are in need of declaration of their legal status to get the suit A and B schedule properties transferred in their names.
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Page 3 of 7 Fair Judgment O.S.No.216/2022 dated 24-11-2022 on the file of Prl. Senior Civil Judge’s Court, R.R.District
6.To prove the above aspects, the plaintiffs mainly relied on the evidence of 1st plaintiff who is examined as PW1 by way of filing the chief examination affidavit. The contents in the chief examination affidavit 1st plaintiff are the same avernments without any change and consistent version of the 1st plaintiff cannot be disbelieved. The 1st plaintiff is staying in Australia as such his evidence is recorded in virtual mode and there is no cross examination because the defendants are not contesting the matter.
7.Beside the oral evidence of 1st plaintiff, the suit is also supported by the documents marked during the evidence of 1st plaintiff i.e., Ex.A1 to
Ex.A8. Ex.A1 is the death certificate of the deceased dated 02-12-2022 issued by Government of Australia and the date of death is clearly mentioned as 29-11-2021. Hence, the evidence of 1st plaintiff and Ex.A1 proved the death of the deceased. Ex.A2 and Ex.A3 are certified copies of the sale deed document No.227/2019 and the gift deed document
No.3954/2006 (for suit A and B schedule properties) and both documents i.e., Ex.A2 and A3 are registered in the name of the deceased.
8. The name of the deceased husband in both documents Ex.A2 and
Ex.A3 is the 1st plaintiff and as per the Ex.A1 the 2nd plaintiff is son of the deceased. The remaining documents Ex.A4 to Ex.A8 are encumbrance certificate, valuation certificates of suit A and B schedule properties and tax receipts which are not disputed.
9.Thus the evidence of the 1st plaintiff coupled with Ex.A1 to Ex.A8 proved the suit claim and entitlement of the plaintiffs for legal heir declaration as prayed for.
10.Accordingly, the points for consideration are answered
(i) that the plaintiffs proved the death of the deceased on 29-11-2021
(ii) that the plaintiffs proved the relationship between the deceased and plaintiffs as the 1st plaintiff is husband and 2nd plaintiff is son of the deceased
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Page 4 of 7 Fair Judgment O.S.No.216/2022 dated 24-11-2022 on the file of Prl. Senior Civil Judge’s Court, R.R.District
(iii) that the plaintiffs proved that the deceased is owner of the suit A and B schedule properties and the plaintiffs being the husband and son are entitled for legal heir declaration as prayed for.
Result:
10.In the result, the suit is decreed but without costs declaring the 1st plaintiff who is husband and 2nd plaintiff who is son of the deceased Indira as her legal heirs for the suit schedule properties as prayed for.
(Dictated to Stenographer, transcribed by her, corrected and pronounced by me in the open Court, on this the 24th day of November, 2022)
Prl. Senior Civil Judge, Ranga Reddy District
APPENDIX OF EVIDENCE
Number Of Witnesses Examined For Plaintiffs :For Defendants Pw.1 Shiva Rama Murthy (Plaintiff No.1) NIl
Number Of Exhibits Marked For Plaintiffs Ex.A.1:: Original death certificate of the deceased dated 02-12-2021 Ex.A.2:: C.C of sale deed document bearing No.227/2019 (for A schedule of property) Ex.A.3:: C.C. of gift deed document bearing No.3954/2006 (for B schedule of property) Ex.A.4:: C.C. of copy of encumbrance certificate of A schedule property
dated 30-12-2021
Ex.A.5:: C.C. of copy of encumbrance certificate of B schedule property
dated 31-12-2021
Ex.A.6:: Original market value certificate of A scheule property dated 30-12-2021 Ex.A.7:: Original market value certificate of B schedule property dated
dated 05-01-2022
Ex.A.8:: Municipal tax of B schedule property receipts.
Number Of Exhibits Marked For Defendants NIL
Prl. Senior Civil Judge, Ranga Reddy District
PSCJ,R.R.Dist
Page 5 of 7 Fair Judgment O.S.No.216/2022 dated 24-11-2022 on the file of Prl. Senior Civil Judge’s Court, R.R.District
DECREE IN ORIGINAL SUIT
IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE, R.R.DISTRICT,
AT L.B. NAGAR
PRESENT: Sri P. Siva Ram Prasad, Prl. Senior Civil Judge, Ranga Reddy District, at L.B.Nagar
Thursday, This the 24h day of November, 2022
O.S.No.216 of 2022
Between:
1. Shiva Ram Murthy Kaluvakolanu, S/o. LateK.Lala Lajapathi Roy, aged 49 years, Occ:Data Analyst,
2. Dhruva Kaluvakolanu, S/o. Shiva Rama Murthy Kaluvakolanu, aged 18 years, Occ:Student.
Both are R/o. 9 Love Street, Lynbrook Suburb, City of Casey Victoria (VIC) State, Postcode 3975, Country Australia (Plaintiff No.2 is minor and represented by his natural guardian Plaintiff No.1, Shiva Rama Murthy Kaluvakolanu)
Both are permanent R/o. H.No.8-57, Plot No.35, Road No.8, Mythripuram Colony, Near Kharmanghat, Jillelguda village, Ranga Reddy District, Telangana State, Pincode 500079.
....Plaintiffs
AND
1. Dy. Commissioner (GHMC) Meerpet
2. SRO, Ibrahimpatnam
....Defendants
Claim: This suit is filed for declaration of plaintiffs as legal heirs of Kaluvakolanu Indira.
Valuation:The suit schedule A and B properties are valued at Rs.24,20,020/- and fixed court fee of Rs.15,426/- is paid U/sec.24(b) of T.S.C.F and S.V. Act.
Cause of Action: The cause of action arose on 25-02-2006 and 03-01-2019 when the wife of plaintiff No.1 and mother of plaintiff No.2 purchased the suit schedule properties.
Plaint presented on : 31-03-2022
Plaint numbered on : 31-03-2022
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Page 6 of 7 Fair Judgment O.S.No.216/2022 dated 24-11-2022 on the file of Prl. Senior Civil Judge’s Court, R.R.District
This Original Suit is coming on 24-11-2022 for final hearing
before me in the presence of Sri T.K.Sarma, Advocate for the
plaintiffs, and defendants made exparte having heard the
counsel for the plaintiffs and stood over for consideration till
this day, doth order and decree as follows:
DECREE
1. That the suit is decreed declaring the 1st plaintiff who is husband and 2nd plaintiff who is son of the deceased Indira as her legal heirs for the suit schedule properties as prayed for.
2. That there shall be no order as to costs.
Given under my hand and seal of this court, this the 24th day of November, 2022.
Prl. Senior Civil Judge, R.R. District at L.B.Nagar
Memo of Costs
FOR PLAINTIFF FOR DEFENDANT
1) Stamp on plaint Rs. 15,426/-
2) Stamp on Vakalath Rs. 2/- Exparte
3) Process fee Rs. 70/-
4) Advocate fee Rs. FC and MC not filed
--------------------- -------------------
Total Rs. 15,498/- Exparte
--------------------- -------------------
Prl. Senior Civil Judge,
R.R.Dist at L.B.Nagar.
SCHEDULE A PROPERTY
All that open plot No.417, admeasuring 200 square yards or 167.22 square meters in Survey Nos. 67/12 and 67/17 parts of "JB's Serene City (Phase - I)" (HMDA) situated at Khanapur village, Ibrahimpatnam Mandal under Ibrahimpatnam Nagara Panchayat, Ranga Reddy District and bounded on the :
North : Plot No. 416 South : Plot No.418
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Page 7 of 7 Fair Judgment O.S.No.216/2022 dated 24-11-2022 on the file of Prl. Senior Civil Judge’s Court, R.R.District
East : 33' ft wide road West : Plot No.432
SCHEDULE B PROPERTY
All that part and parcel of the house bearing No.8-24/5 (old) 8- 57 New, Plot No.35, Admeasuring 150 square yards or 125.41 square meters in Sy.No.27 with RCC Roof situated at Jillelguda village, Saroornagar Mandal, Ranga Reddy District and bounded as follows:
North : Plot No.36 South : Plot No.34 East : 20' ft wide road. West : Plot No.32
Prl. Senior Civil Judge,
R.R.Dist at L.B.Nagar.
PSCJ,R.R.Dist