Smt.Shanker Sridevi

1

OS.No.78 OF 2023

22

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE ::

AT MALKAJGIRI :: MEDCHAL-MALKAJGIRI DISTRICT

Present: Smt.Shanker Sridevi, Prl. Senior Civil Judge, Malkajgiri, Medchal-Malkajgiri (D).

Friday the 28th day of April, 2023

O.S No.78 of 2023

BETWEEN:

1. Sri P.Rajesh, S/o.Late Shanti Prakash, aged 51 years, Occ:Software, H.No.11-9-64, Road No.1, Laxmi Nagar Colony, Kothapet, Saroornagar, R.R.District.

Presently residing at USA R/o.43153 Vailiant Dr.South riding, VA-20152-3423 USA represented by its GPA Holder his sister Smt.Bhanu Rekha.

2. Smt.Bhanu Rekha, W/o.Kaikala Jagadish, D/o.Late Shanti Prakash, Aged 52 years, Occ:Professor, H.No.11-9-64, Road No.1, Laxmi Nagar Colony, Kothapet, Saroornagar, R.R.District. ….Plaintiffs.

AND

1. The Tahasildar Ghatkesar Mandal, Medchal-Malkajgiri, R.R.District.

2. All concerned ….Defendants.

This Suit is coming before me on 19-04-2023 for final hearing in the presence of C.Rajeshwar Reddy, Counsel for the Plaintiffs and Defendant No.1 and 2 are set exparte and having stood over for consideration till this date, the Court delivered as following

JUDGMENT

1. This is a Suit filed by the Plaintiffs No.1 and 2 seeking the relief to declare them as legal heirs of Paspuleti Shobha.

2. The brief averments of the Plaintiffs in the Plaint is as follows:

(a). The Plaintiff No.1 is the son, the Plaintiff No.2 is the daughter of deceased Smt.Pasupulati Shobha. Smt.Pasupulati Shobha died on 11-06-2022, leaving behind the Plaintiffs as her legal representatives. The 2

OS.No.78 OF 2023

22 husband of deceased Smt.Pasupulati Shobha i.e., Shanti Prakash also died long back.

(b). During her life time, Smt.Pasupulati Shobha purchased ‘A’ suit schedule property i.e., Plot No.426/c and 427/c in Survey No.89 and 95 , admeasuring 400 sq.yards, or 334 sq.mtrs., Keshava Nagar Colony, situated at Ghatkesar

Village and Gram Panchayath, Ghatkesar Mandal, R.R.District (which here-in- after in short referred as “A Suit schedule property”) through registered

Sale Deed vide bearing No.3901/2007, dated 29-03-2007 and also purchased another Plot i.e., Open Plot No.666/c and 665/c in Survey No.93 admeasuring 400 sq.yards or 334 sq.mtrs., Keshava Nagar Colony, situated at Ghatkesar Village and Mandal, Ghatkesar Mandal, R.R.District (which here-in-after in short referred as “B Suit schedule property”) through registered Sale Deed vide bearing No.3902/2007, dated 29-03-2007and since the date of purchase Smt.Pasupulati Shobha is in peaceful possession and enjoyment of the said suit schedule properties till her death.

(d). The Plaintiffs submit that they being the legal representatives of Late

Smt.Pasupulati Shobha succeeded to the suit schedule properties and that for mutation of their names they approached the concerned authorities and they advised the Plaintiffs to approach the competent Civil Court, hence the Plaintiffs filed present suit.

3.After the Suit is registered, the Court ordered the Paper publication to be given to the general public arrayed as “All concerned” in the Plaint. No party approached before the Court opposing the claim of the Plaintiffs.

The Defendant No.1 is set exparte on 21-03-2023. Hence the matter is posted for plaintiff’s evidence.

4. During the course of trial on behalf of the Plaintiffs, the Plaintiff No.2 examined as PW1 and Ex.A1 to Ex.A9 are marked. Ex.A1 is the original death certificate of late Smt.Pasupulati Shobha, dated 11-06-2022. Ex.A2 is the Certified copy of Sale deed vide document bearing No.3901/2007,

dated 29-03-2007, Ex.A3 is the Certified copy of Sale Deed vide document

bearing No.3902/2007, dated 29-03-2007, Ex.A4 is the Market Value 3

OS.No.78 OF 2023

22 Certificate of ‘A’ schedule of property, dated 31-01-2023. Ex.A5 is the

Market value certificate of ‘B’ schedule of property, dated 27-01-2023,

Ex.A6 is the original statement of encumbrance on schedule ‘A’ property,

Ex.A7 is the original statement of encumbrance on schedule ‘B’ property.

Ex.A8 is the original aadhar card of Plaintiff No.2. Ex.A9 is the original aadchar card of Plaintiff No.1.

5. Heard the learned counsel for the Plaintiffs. Perused the record.

6. The point arise for determination is :

1. Whether the Plaintiffs No.1 and 2 are entitled to be declared as the legal heirs of late Smt.Pasupulati Shobha as prayed for ?”.

2. Whether the Plaintiffs No.1 and 2 are entitled to be declared as absolute owners and possessors of ‘A’ and ‘B’ Suit schedule properties as prayed for ?”.

7. ANSWER TO THE POINT:

The Plaintiffs filed the Suit to declare them as legal heirs of

Late Smt.Pasupulati Shobha who died on 11-06-2022. In order to grant such a relief, the Plaintiffs should be clear about their case. On considering the entire material placed on record, the Plaintiff No.1 is the son and the

Plaintiff No.2 is the daughter of Late Smt.Pasupulati Shobha, who died on 11-06-2022 leaving behind the Plaintiffs as legal representatives. During her life time Smt.Pasupulati Shobha acquired the suit schedule ‘A’ and ‘B’ property through registered sale deed bearing vide document

No.3901/2007, dated 29-03-2007 and 3902/2007, dated 29-03-2007 and since date of purchase Late Smt.Pasupulati Shobha is in peaceful possession and enjoyment of above said properties till her death. The

Plaintiffs approached the concerned authorities for issuance of Legal heir

Certificate for mutation purpose but they refused to issue such certificate and advised to approach competent civil Court, hence the Plaintiffs filed the present Suit.

8.Before adverting to the facts of the case, it is deemed fit to refer to the relevant provisions of Section 34 of Specific Relief Act and Section 102 of Indian Evidence Act, 1872. Under Section 34 of Specific Relief Act, 1963 that any person entitled to any legal character, or to any right to any 4

OS.No.78 OF 2023

22 property, may institute a suit against any person denying or interested to deny his title to such character or right and the court may in its discretion, make therein a declaration that he is so entitled and the plaintiff need not in such suit ask for any further relief.

The reading of Sec.34 of the Specific Relief Act, 1963 contemplates certain conditions which are to be fulfilled by Plaintiff. In Order to obtain the relief of declaration the Plaintiff must establish that

(a). the Plaintiff was at the time of the Suit entitled to any legal character or any right to any property

(b). the Defendant had denied or was interested in denying the character or title of the Plaintiff

(c). the declaration asked for was a declaration that the Plaintiff was entitled to a legal character or to a right to property

(d). the Plaintiff was not in a position to claim a further relief than a bare declaration of his title.

9. Under Sec. 102 of Indian Evidence Act the burden of proof in a suit proceedings lies on that person who would fail if no evidence at all were given on either side. So, the initial burden of proving the same is on the plaintiffs.

10.In order to substantiate their case, the Plaintiffs have placed reliance on oral testimony of PW1 coupled with documents marked under Exs.A1 to

A9. The documents on record clinchingly prove the case of the plaintiffs. In order to rebut the said version of the plaintiffs, the defendants were reluctant to contest the suit and remained exparte. Unless the contrary is proved, the Plaintiffs cannot be non-suited and thus the Plaintiffs are entitled for the relief as prayed for as to their declaration of status as legal representatives of deceased Smt.Pasupulati Shobha. Accordingly the Point

No.1 is answered in favour of the Plaintiffs and against the defendants.

11. The Plaintiffs filed the present Suit against the Defendant No.1 and they approached concerned authorities for mutation of records and for 5

OS.No.78 OF 2023

22 reason he refused to issue legal heir certificate to the Plaintiffs on the demise of Late Smt.Pasupulati Shobha and the Defendant No.2 is “All concerned”. The Plaintiffs have to prove that the Defendants have denied or is interested in denying to the title and possession of the Plaintiffs over the Suit schedule property and the same must be communicated to the

Plaintiffs. In the present case there is no evidence placed before the Court of such denial of title of the Plaintiffs by the Defendants and neither there is pleading in the plaint as to the Defendants acted detriment to the interest of the Plaintiffs for which they sought the relief of declaration of title as absolute owners of Suit Schedule property”. Hence there found no merits for the relief sought by the Plaintiffs to declare their title as absolute owners and possessors over the Suit schedule property. The

Point No.2 is answered accordingly.

12. In the result, the Suit is partly decreed declaring that the Plaintiffs

No.1 and 2 are legal heirs of deceased Smt.Pasupulati Shobha and in the circumstance of the case there is no order as to costs.

Typed to my dictation by Stenographer directly on the computer and after corrections, pronounced by me in the open Court on this the 28th day of April, 2023.

Prl. Senior Civil Judge, at Malkajgiri.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For the Plaintiffs: For the Defendants:

PW-1:Smt.Bhanu Rekha Exparte

Exhibits Marked

For the Plaintiffs: Ex.A1: Original death certificate of late Smt.Pasupulati Shobha,

dated 11-06-2022.

Ex.A2: Certified copy of Sale deed vide document bearing No.3901/2007,

dated 29-03-2007,

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OS.No.78 OF 2023

22 Ex.A3:Certified copy of Sale Deed vide document bearing No.3902/2007,

dated 29-03-2007,

Ex.A4: Market Value Certificate of ‘A’ schedule of property, dated 31-01-2023.

Ex.A5:Market value certificate of ‘B’ schedule of property,

dated 27-01-2023,

Ex.A6: Original statement of encumbrance on schedule ‘A’ property,

Ex.A7: Original statement of encumbrance on schedule ‘B’ property.

Ex.A8: Original aadhar card of Plaintiff No.2.

Ex.A9: Original aadchar card of Plaintiff No.1.

Exhibits Marked

For the Defendants:

- Nil -

Prl. Senior Civil Judge, Malkajgiri.

7

OS.No.78 OF 2023

22

DECREE IN ORIGINAL SUIT

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE ::

AT MALKAJGIRI :: MEDCHAL-MALKAJGIRI DISTRICT

Present: Smt.Shanker Sridevi, Prl. Senior Civil Judge, Malkajgiri, Medchal-Malkajgiri (D).

Friday the 28th day of April, 2023

O.S No.78 of 2023

BETWEEN:

1. Sri P.Rajesh, S/o.Late Shanti Prakash, aged 51 years, Occ:Software, H.No.11-9-64, Road No.1, Laxmi Nagar Colony, Kothapet, Saroornagar, R.R.District.

Presently residing at USA R/o.43153 Vailiant Dr.South riding, VA-20152-3423 USA represented by its GPA Holder his sister Smt.Bhanu Rekha.

2. Smt.Bhanu Rekha, W/o.Kaikala Jagadish, D/o.Late Shanti Prakash, Aged 52 years, Occ:Professor, H.No.11-9-64, Road No.1, Laxmi Nagar Colony, Kothapet, Saroornagar, R.R.District. ….Plaintiffs.

AND

1. The Tahasildar Ghatkesar Mandal, Medchal-Malkajgiri, R.R.District.

2. All concerned ….Defendants.

CLAIM: This is a Suit filed by the Plaintiffs No.1 and 2 seeking the relief to declare them as legal heirs of Late Smt.Pasupulati Shobha.

CAUSE OF ACTION: The cause of action for the above suit arose on 11-06-2022 when the deceased Smt.Pasupulati Shobha died leaving behind the Plaintiffs as his legal heirs and on 27-01-2023 and 31-01-2023 when the Plaintiffs obtained market value certificate and encumbrance certificate from the SRO Ghatkesar, Medchal-Malkajgiri District.

VALUATION: The value of ‘A’ suit schedule property value comes to Rs.21,20,000/- and half of the market value comes to Rs.10,60,000/- and paid Court fee of Rs.13,026/- and the value of ‘B’ suit schedule property value comes to Rs.21,20,000/- and half of the market value comes to Rs.10,60,000/- and Court fee is Rs.13,026/- is paid under section 24 (d) of APCF and SV Act and total court fee of Rs.26,052/- and the same is sufficient.

Suit presented on : 22-02-2023 Suit numbered on : 22-02-2023 8

OS.No.78 OF 2023

22 This Suit is coming before me on 19-04-2023 for final hearing in the presence of C.Rajeshwar Reddy, Counsel for the Plaintiffs and Defendant No.1 and 2 are set exparte and having stood over for consideration till this date, the Court delivered as following, this court doth the decree as follows:

1. That the suit of the Plaintiffs be and the same is hereby partly decreed declaring that the Plaintiff No.1 and 2 are legal heirs of deceased Smt.Pasupulati Shobha.

2.That there is no order to as to costs.

Given under my hand and seal on this the 28th day of April, 2023.

Prl. Senior Civil Judge, at Malkajgiri.

MEMO OF COSTS

FOR THE PLAINTIFFS FOR THE DEFENDANTS

1. Stamp on plaintRs. 26,052-00

2. Stamp on Vakalath Rs. 102-00 Defendants set exparte

3. Stamp on Exhibits Rs.

4. Stamp on process Rs. 70-00

5. Publication ChargesRs.

6. Advocate fees Sr.Rs.

7. Advocate fees. Jr.Rs.

8. Misc/preparation charges Rs. Total Rs. 26,224-00

Prl. Senior Civil Judge, at Malkajgiri.

SUIT SCHEDULE -A PROPERTY

All that the open Plot Nos.426/c and 427/c, in Sy.No;s89 – 95 area 400 sq.yds., or 334.4 sq.mtrs., Keshava Nagar Colony, situated at Ghatkesar Village and Mandal, Medchal-Malkajgiri District and bounded by : North:Plot No.429/C and 428/C South:35’ wide road East:30’ wide road West:Plot Nos.425/c

SUIT SCHEDULE -B PROPERTY

All that the open Plot Nos.666/C and 665/C, in Sy.No;s93, area 400 sq.yds., or 334.4 sq.mtrs., Keshava Nagar Colony, situated at Ghatkesar Village and Mandal, Medchal-Malkajgiri District and bounded by : North:30’ wide road South:Plot No.664/C East:30’ wide road West:Plot No’s.693/C and 692/C

Prl. Senior Civil Judge, at Malkajgiri.

1

OS.No.43 OF 2023

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE ::

AT MALKAJGIRI :: MEDCHAL-MALKAJGIRI DISTRICT

Present: Smt.Shanker Sridevi, Prl. Senior Civil Judge, Malkajgiri, Medchal-Malkajgiri (D).

Friday the 28th day of April, 2023

O.S No.43 of 2023

BETWEEN:

1.Kompella Umasri, W/o.Late K.Surya Narayana Sastry, aged about 43 years, Occ:Housewife,

2. Kompella Meghana, D/o.Late K.Surya Narayana Sastry, Aged about 17 years, Occ:Student,

3. Kompella Lakshmi Keerthana, D/o.Late K.Surya Narayana Sastry, Aged about 15 years, Occ:Student,

The Plaintiff No.1 is a natural mother of Plaintiff No.2 and 3 (minors) All are R/o.Flat No.GA, Manikanta Residency, Rukminipuri Colony, AS Rao Nagar, Beside pace high school, Secunderabad, Himmatnagar, Hyderabad, Telangana State. ….Plaintiffs.

AND

1. The Tahsildar, Keesara Mandal, Medchal-Malkajgiri District, T.S.

2. All concerned ….Defendants.

This Suit is coming before me on 18-04-2023 for final hearing in the presence of SriK.Shiva Kumar, Counsel for the Plaintiffs and Defendant No.1 and 2 are set exparte and having stood over for consideration till this date, the Court delivered as following

JUDGMENT

1. This is a Suit filed by the Plaintiffs No.1 to 3 seeking the relief to declare them as legal heirs of Kompella Surya Narayana Sastry.

2. The brief averments of the Plaintiffs in the Plaint is as follows:

(a). The Plaintiff No.1 is the wife and the Plaintiff No.2 and 3 are daughters of Late Kompella Surya Narayana Sastry. Kompella Surya Narayana Sastry died on 04-06-2021, leaving behind the Plaintiffs as his legal representatives.

2

OS.No.43 OF 2023

(b). During his life time, Kompella Surya Narayana Sastry purchased a residential building Plot No.73, East Part, in Sy.No.389/P, admeasuring area 167 sq.yards, situated at Nagaram Village, Keesara Mandal, Medchal-

Malkajgiri District through a registered Sale Deed bearing doc.No.2688/2020, dated 26-02-2020 and since the date of purchase Late

Kompella Surya Narayana Sastry is in peaceful possession and enjoyment of the said suit schedule property till his death.

(d). The plaintiffs submit that they being the legal representatives of

Sri Kompella Surya Narayana Sastry succeeded to the suit schedule property and that for mutation of their names they approached

Tahsildar/Defendant No.1 for issuance of legal heir certificate and he advised the Plaintiffs to approach the competent Civil Court, hence the

Plaintiffs filed present suit.

3.After the Suit is registered, the Court ordered the Paper publication to be given to the general public arrayed as “All concerned” in the Plaint. No party approached before the Court opposing the claim of the Plaintiffs.

The Defendant No.1 is set exparte on 13-02-2023. Hence the matter is posted for plaintiff’s evidence.

4. During the course of trial on behalf of the Plaintiffs, the Plaintiff No.1 examined as PW1 and Ex.A1 to Ex.A6 are marked. Ex.A1 is the original death certificate of Late Kompella Surya Narayana Sastry, dated 7-1-2023.

Ex.A2 is the original aadhar card of Plaintiff No.1. Ex.A3 is the family member certificate, dated 26-5-2022, Ex.A4 is the statement of encumbrance on property, dated 16-01-2023. Ex.A5 is the market value certificate of SRO, Keesara, dated 17-01-2023. Ex.A6 is the certified copy of sale deed document vide bearing document No.2688/2020.

5. Heard the learned counsel for the Plaintiffs. Perused the record.

6. The point arise for determination is :

1. Whether the Plaintiffs No.1 to 3 are entitled to be declared as the legal heirs of Late Sri Kompella Surya Narayana Sastry prayed for ?”.

2. Whether the Plaintiffs No.1 to 3 are entitled to be declared as absolute owners and possessors of Suit schedule property as prayed for ?”.

3

OS.No.43 OF 2023

7. ANSWER TO THE POINT:

The Plaintiffs filed the Suit to declare them as legal heirs of

Late Sri Kompella Surya Narayana Sastry, who died on 04-06-2021. In order to grant such a relief, the Plaintiffs should be clear about their case. On considering the entire material placed on record, the Plaintiff No.1 is the wife. Plaintiff No.2 and 3 are the daughters of late Kompella Surya

Narayana, who died on 04-06-2021 leaving behind the Plaintiffs as legal representatives. During his life time Late Kompella Surya Narayana Sastry acquired the suit schedule property through registered sale deed bearing document No.2688/2020, dated 26-02-2020 and since date of purchase Late

Kompella Surya Narayana Sastry is in peaceful possession and enjoyment of above said property till his death. The Plaintiffs approached the Defendant

No.1 for issuance of Legal heir Certificate for mutation purpose but the

Defendant No.1 refused to issue such certificate and advised to approach competent civil Court, hence the Plaintiffs filed the present Suit.

8.Before adverting to the facts of the case, it is deemed fit to refer to the relevant provisions of Section 34 of Specific Relief Act and Section 102 of Indian Evidence Act, 1872. Under Section 34 of Specific Relief Act, 1963 that any person entitled to any legal character, or to any right to any property, may institute a suit against any person denying or interested to deny his title to such character or right and the court may in its discretion, make therein a declaration that he is so entitled and the plaintiff need not in such suit ask for any further relief.

The reading of Sec.34 of the Specific Relief Act, 1963 contemplates certain conditions which are to be fulfilled by Plaintiff. In Order to obtain the relief of declaration the Plaintiff must establish that

(a). the Plaintiff was at the time of the Suit entitled to any legal character or any right to any property

(b). the Defendant had denied or was interested in denying the character or title of the Plaintiff

(c). the declaration asked for was a declaration that the Plaintiff was entitled to a legal character or to a right to property

(d). the Plaintiff was not in a position to claim a further relief than a bare declaration of his title.

4

OS.No.43 OF 2023

9. Under Sec. 102 of Indian Evidence Act the burden of proof in a suit proceedings lies on that person who would fail if no evidence at all were given on either side. So, the initial burden of proving the same is on the plaintiffs.

10.In order to substantiate their case, the Plaintiffs have placed reliance on oral testimony of PW1 coupled with documents marked under Exs.A1 to

A6. The documents on record clinchingly prove the case of the plaintiffs. In order to rebut the said version of the plaintiffs, the defendants were reluctant to contest the suit and remained exparte. Unless the contrary is proved, the Plaintiffs cannot be non-suited and thus the Plaintiffs are entitled for the relief as prayed for as to their declaration of status as legal representatives of deceased Kompella Surya Narayana Sastry. Accordingly the Point No.1 is answered in favour of the Plaintiffs and against the defendants.

11. The Plaintiffs filed the present Suit against the Defendant No.1 who is the Tahsildar, Keesara Mandal for reason he refused to issue legal heir certificate to the Plaintiffs on the demise of Late Kompella Surya Narayana

Sastry and the Defendant No.2 is “All concerned”. The Plaintiffs have to prove that the Defendants have denied or is interested in denying to the title and possession of the Plaintiffs over the Suit schedule property and the same must be communicated to the Plaintiffs. In the present case there is no evidence placed before the Court of such denial of title of the

Plaintiffs by the Defendants and neither there is pleading in the plaint as to the Defendants acted detriment to the interest of the Plaintiffs for which they sought the relief of declaration of title as absolute owners of Suit

Schedule property”. Hence there found no merits for the relief sought by 5

OS.No.43 OF 2023

the Plaintiffs to declare their title as absolute owners and possessors over the Suit schedule property. The Point No.2 is answered accordingly.

12. In the result, the Suit is partly decreed declaring that the Plaintiffs

No.1 to 3 are legal heirs of deceased Sri Kompella Surya Narayana Sastry and in the circumstance of the case there is no order as to costs.

Typed to my dictation by Stenographer directly on the computer and after corrections, pronounced by me in the open Court on this the 28th day of April, 2023.

Prl. Senior Civil Judge, at Malkajgiri.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For the Plaintiffs: For the Defendants:

PW-1:Kompella Umasri Exparte

Exhibits Marked

For the Plaintiffs: Ex.A1: Original death certificate of Late Kompella Surya Narayana Sastry,

dated 7-1-2023.

Ex.A2: Original aadhar card of Plaintiff No.1.

Ex.A3: Family member certificate, dated 26-5-2022,

Ex.A4: Statement of encumbrance on property, dated 16-01-2023.

Ex.A5: Market value certificate of SRO, Keesara, dated 17-01-2023.

Ex.A6:Certified copy of sale deed document vide bearing document

No.2688/2020

Exhibits Marked

For the Defendants:

- Nil -

Prl. Senior Civil Judge, Malkajgiri.

6

OS.No.43 OF 2023

DECREE IN ORIGINAL SUIT

IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE ::

AT MALKAJGIRI :: MEDCHAL-MALKAJGIRI DISTRICT

Present: Smt.Shanker Sridevi, Prl. Senior Civil Judge, Malkajgiri, Medchal-Malkajgiri (D).

Friday the 28th day of April, 2023

O.S No.43 of 2023

BETWEEN:

1.Kompella Umasri, W/o.Late K.Surya Narayana Sastry, aged about 43 years, Occ:Housewife,

2. Kompella Meghana, D/o.Late K.Surya Narayana Sastry, Aged about 17 years, Occ:Student,

3. Kompella Lakshmi Keerthana, D/o.Late K.Surya Narayana Sastry, Aged about 15 years, Occ:Student,

The Plaintiff No.1 is a natural mother of Plaintiff No.2 and 3 (minors) All are R/o.Flat No.GA, Manikanta Residency, Rukminipuri Colony, AS Rao Nagar, Beside pace high school, Secunderabad, Himmatnagar, Hyderabad, Telangana State. ….Plaintiffs.

AND

1. The Tahsildar, Keesara Mandal, Medchal-Malkajgiri District, T.S.

2. All concerned ….Defendants.

CLAIM: This is a Suit filed by the Plaintiffs No.1 to 3 seeking the relief to declare them as legal heirs of Late Kompella Surya Narayana Sastry.

CAUSE OF ACTION: The cause of action arose for the purpose of this for the first time arose on 04-06-2021 when the said Late Kompella Surya Narayana Sastry died leaving behind the Plaintiffs as his legal heirs and when the Defendant No.1 for issuance of the Legal Heir Certificate in their favour for which they refused the same.

VALUATION: The value of suit schedule property value comes to Rs.25,92,100/- and half of the market value comes to Rs.12,96,050/- and paid Court fee of Rs.15,426/- is paid under section 24 (b) of APCF Act and S.V.Act,1956.

Suit presented on : 25-01-2023 Suit numbered on : 25-01-2023 7

OS.No.43 OF 2023

This Suit is coming before me on 18-04-2023 for final hearing in the presence of SriK.Shiva Kumar, Counsel for the Plaintiffs and Defendant No.1 and 2 are set exparte and having stood over for consideration till this date, the Court delivered as following, this court doth the decree as follows:

1. That the suit of the Plaintiffs be and the same is hereby partly decreed declaring that the Plaintiff No.1 to 3 are legal heirs of deceased Kompella Surya Narayana Sastry.

2.That there is no order to as to costs.

Given under my hand and seal on this the 28th day of April, 2023.

Prl. Senior Civil Judge, at Malkajgiri.

MEMO OF COSTS

FOR THE PLAINTIFFS FOR THE DEFENDANTS

1. Stamp on plaintRs. 15426-00

2. Stamp on Vakalath Rs. 102-00 Defendants set exparte

3. Stamp on Exhibits Rs.

4. Stamp on process Rs. 70-00

5. Publication ChargesRs.

6. Advocate fees Sr.Rs.

7. Advocate fees. Jr.Rs.

8. Misc/preparation charges Rs. Total Rs. 15,598-00

Prl. Senior Civil Judge, at Malkajgiri.

SCHEDULE OF PROPERTY

All that the part and parcel residential building in Plot No.73, East Part, in Sy.No.389/P, admeasuring area 167 sq.yards, situated at Nagaram Village, Keesara Mandal, R.R.District, presently Medchal-Malkajgiri District and bounded by :

North:Plot No.74 South:Plot No.72 East:Plot No.68 West:30’ wide road

Prl. Senior Civil Judge, at Malkajgiri.

IN THE COURT OF PRL. SENIOR CIVIL JUDGE : AT KUSHAIGUDA :

MEDCHAL-MALKAJGIRI DISTRICT

Present : Sri D.Kiran Kumar, Prl. Senior Civil Judge, Medchal-Malkajgiri District, at Kushaiguda

Dated, this the 28thday of April, 2023.

OS No. 1432 of 2022

Between:

Meduri alias Nareddy Lakshmi

...Plaintiff

AND

Kothakonda Rajendra Kumar

....Defendant

DOCKET ORDER

IA 337 of 2023 is allowed U/R.109(2) CRP. Hence suit is advanced to today

from 14-06-2023. Both side counsel represented and plaintiff present and submitted that defendant unconditionally agreed to hand over the permission of suit schedule property, hence the suit is not pressed and memo filed in this regard. Hence the suit is dismissed as not pressed and no costs.

Written and prounounced by me in open court and given under my hand seal on this 28th day of April, 2023.

Prl. Senior Civil Judge, at Kushaiguda.

IN THE COURT OF PRL. SENIOR CIVIL JUDGE : AT KUSHAIGUDA :

MEDCHAL-MALKAJGIRI DISTRICT

Present : Sri D.Kiran Kumar, Prl. Senior Civil Judge, Medchal-Malkajgiri District, at Kushaiguda

Dated, this the 28thday of April, 2023.

OS No. 37 of 2023

Between:

V. Kanaka Durga

...Plaintiff

AND

The Thasildhar Malkajgiri

....Defendant

DOCKET ORDER

Judgment pronounced vide separate order in open court hall. In the result the suit is partly decreed declaring that the plaintiffs No.1 to 5 are legal heirs of Late Sri V.S Ramakrishna and in the circumstance of the case there is no order as to costs.

Written and prounounced by me in open court and given under my hand seal on this 28th day of April, 2023.

Prl. Senior Civil Judge, at Kushaiguda.

IN THE COURT OF PRL. SENIOR CIVIL JUDGE : AT KUSHAIGUDA :

MEDCHAL-MALKAJGIRI DISTRICT

Present : Sri D.Kiran Kumar, Prl. Senior Civil Judge, Medchal-Malkajgiri District, at Kushaiguda

Dated, this the 28thday of April, 2023

OS No. 423 of 2021

Between:

Kothakonda Rajendra Kumar

...Plaintiff

AND

Meduri alias Nareddy Lakshmi

....Defendant

DOCKET ORDER

IA 335/2023 O/R.109(2) CRP is allowed. Hence suit is advanced to today

from 14-06-2023. Plaintiff present and submitted matter is settled out of court. Hence memo filed and suit is not pressed. Hence considering the same the suit is dismissed as not pressed.

Written and prounounced by me in open court and given under my hand seal on this 28th day of April, 2023.

Prl. Senior Civil Judge, at Kushaiguda.