Sri. Viyyapu Arun Tej

1 of 4

O.S.No. 1024 of 2024

IN THE COURT OF THE I ADDL. JUNIOR CIVIL JUDGE-CUM-

I ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS MEDCHAL-

MALKAJGIRI DISTRICT, AT KUSHAGUDA

Present: Sri. Viyyapu Arun Tej

I Additional Junior Civil Judge-Cum- I Additional Judicial Magistrate of First Class at Kushaiguda, Medchal-Malkajgiri District.

Dated this the 31st day of January, 2025

O.S.No. 1024 of 2024

BETWEEN:

1.Radheshyam Pal, S/o.Yaduvanshpal, Aged about 56 years, Occupation: Private employee, R/o.H.No.1-4/5, Kapra ECIL Post, Medchal Malkajgiri District.

2.Sony Devi, W/o.Radheshyam, Aged about 41 years, Occupation: House Hold, R/o.H.No.1-4/5, Kapra, Kapra Mandal.

3.Ankitha, D/o.Radhesham Pal, Aged about 18 years, Occupation: Student, R/o.Flat No.202, Ashok Avenue, Kapra, Medchal Malkajgiri District.

4.Aditya Pal, S/o.Radheshyam Pal, Aged about 10 years, Occupation: Student.

5.Ragini Pal, D/o.Radheshyam Pal, Aged about 15 years, Occupation: Student,

(Plaintiffs No.4 & 5 are represented by Natural Guardian Plaintiff No.1)

….Plaintiffs.

AND

1.The Mandal Revenue Office, At Medchal Malkajgiri District, Hyderabad – 500039.

2.All Concerned

... Defendants.

2 of 4

O.S.No. 1024 of 2024

This suit is coming before me on 02.01.2025 for final hearing in the presence of Sri. B.Sudhir Kumar, Advocate for the Plaintiffs and defendants having remained exparte; upon perusing the material on record, upon hearing the arguments and having stood over till this day for consideration, this Court delivered the following:

J U D G M E N T

1.This suit is filed by the plaintiffs No.1 to 5 praying to declare them as surviving legal heirs and family members of deceased Avinash Pal who expired on 30.04.2024 and to issue the family members certficate and the plaintiffs are entitled to the estate of deceased Sri. Avinash Pal [herein after called as deceased].

2. The averments in plaint, in brief, are as under:

That the plaintiff No.1 is the father. Plaintiff No.2 is the step mother. Plaintiff

No.3 & 5 are the sisters and the plaintiff No.4 is the brother of deceased Sri. Avinash

Pal who died on 30.04.2024 leaving behind the plaintiffs as his legal hers.

[i]That the deceased Sri. Avinash Pal was a private employee, during his life time and purchased an open land in Sy.No.410/1/3/1/1/1/1, admeasuring 242 Sq.

yards or 202.312 Sq. meters, situated at Block No.16, Kolanupaka Village Alair Mandal,

Yadadri Bhongir District under the jurisdiction of registration sub District Yadagirigutta and registration District Nalgonda, GP Kolanupaka, MPP Alair ZP, Yadadri Bhongir

District.

[ii]That the plaintiffs approached the concerned Tahsildar, Kapra Mandal,

Medchal Malkajgiri District and filed an application for legal heir certificate/family member certificate vide application No.FAMC022401520697 on 27.06.2024 was rejected by the Tahsildar, stating that they have no power to issuance of the said 3 of 4

O.S.No. 1024 of 2024

certificate and advised the plaintiffs to approach the concerned Civil Court for getting their benefits of the deceased Sri. Avinash Pal. Hence, the suit.

3.On summons defendant No.1 and on paper publication defendant No.2 were made exparte to the suit.

4.The plaintiff No.1 is examined as PW-1 through her Ex.A1 to A9 are marked on their behalf.

5. Heard and perused the record.

6.The point for consideration is:

1) “Whether the plaintiffs No.1 to 5 are entitled for declaration as legal heirs of deceased Sri. Avinash Pal, as prayed for?

2) “Whether family member certificate can be issued as prayed for?

3)“Whether the plaintiffs can succeed to the estate of the deceased as

prayed for?

7. POINT : The evidence of PW-1 is replica of plaint averments. Hence the same is not reproduced here to avoid repetition of facts. The plaintiff No.1 is examined as

PW-1 through her Ex.A1 to A9 are marked. Ex.A1 is Original Death Certificate of Late

Avinash Pal on 30.04.2024. Ex.A2 is Aadhar card of deceased person Late Avinash

Pal. Ex.A3 is Original Aadhar Card of plaintiff No.1. Ex.A4 is Original Aadhar Card of plaintiff No.2. Ex.A5 is Original Aadhar Card of plaintiff No.3. Ex.A6 is Original Aadhar

Card of plaintiff No.4. Ex.A7 is Original Aadhar Card of plaintiff No.5. Ex.A8 is Certified copy of the sale deed document No.2793/2023 dated 13.11.2023. Ex.A9 is CC of sale deed No.20144/2023 dated 08.11.2023.

8. The plaintiffs established that the deceased Sri. Avinash Pal died on 30.04.2024 by relying on Ex.A1. Further established that they are the legal heirs of the deceased by 4 of 4

O.S.No. 1024 of 2024

relying on Ex.A2 to A7. Hence, they can be declared as surviving legal heirs of deceased Sri. Avinash Pal and they can succeed to the estate of the deceased. But family certificate cannot be issued by the Court. Hence, the said relief cannot be granted.

9. In the result, the suit is partly decreed, declaring the plaintiffs No.1 to 5 are as surviving legal heirs of deceased Sri. Avinash Pal and they can succeed the estate of the deceased. No order as to costs.

Typed to my dictation, corrected and pronounced by me in open Court, on this the 31 st day of January, 2025.

Sd/-

I Additional Junior Civil Judge-Cum- I Additional Judicial Magistrate of First Class at Malkajgiri, Medchal-Malkajgiri District.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF: FOR DEFENDANTS:

PW1: Radheshyam Pal -NIL-

EXHIBITS MARKED

FOR PLAINTIFF: FOR DEFENDANTS : Nil

Ex.A1 is Original Death Certificate of Late Avinash Pal on 30.04.2024.

Ex.A2 is Aadhar card of deceased person Late Avinash Pal.

Ex.A3 is Original Aadhar Card of plaintiff No.1.

Ex.A4 is Original Aadhar Card of plaintiff No.2.

Ex.A5 is Original Aadhar Card of plaintiff No.3.

5 of 4

O.S.No. 1024 of 2024

Ex.A6 is Original Aadhar Card of plaintiff No.4.

Ex.A7 is Original Aadhar Card of plaintiff No.5.

Ex.A8 is Certified copy of the sale deed document No.2793/2023 dated 13.11.2023.

Ex.A9 is CC of sale deed No.20144/2023 dated 08.11.2023.

Sd/-

I Additional Junior Civil Judge-Cum- I Additional Judicial Magistrate of First Class at Malkajgiri, Medchal-Malkajgiri District.

TSMM020036342024

Presented on : 05-11-2024 Registered on : 05-11-2024 Decided on : 21-01-2025 Duration : 0 years, 2 months, 16 days

IN THE COURT OF

Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at

Kushaiguda (Presided Over by Smt.K.Pooja)

CC/1856/2024

State of Telangana PS Malkajgiri Through Police Station Officer PS Malkajgiri 134, Malkajgiri Malkajgiri Acp - Rachakonda

MEDCHAL-MALKAJGIRI

State of Telangana PS Malkajgiri VERSUS : unknown Age: 30 Occupation :

MEDCHAL MALKAJGIRI,TELANGANA

2:Marni Sai Prasad Marni Age: 39 Occupation : 12-13-99/1 Flat No. D-2 3 Anitha Towers Taraka Rama Nagar 4th floor Anitha Towers Street No. 3 near Big Bazar

Tarnaka Secunderabad Malkajgiri

MEDCHAL MALKAJGIRI

TELANGAN

----------------------------------------------------------------------------- APP for State }: , Advocate for appearing for unknown Advocate appearing for , 2 respectively. -----------------------------------------------------------------------------

Offence punishable under : 379 of INDIAN PENAL CODE, 379 of INDIAN PENAL CODE, of , of ,

ORDER

Date : 21-01-2025

Defacto complainant is present. Court P.C. present and identified both parties. Complainant stated he has settled the matter outside the court and requested to refer the case before the lok adalath. On perusal of record, it appears that there are bright chances of settlement. Hence, this case is referred to the Lok Adalath. This case is referred to Lok Adalath by regular court. Complainant present. On enquiry, they stated that they has compromised the matter. The accused is alleged of the offence under section 379 of IPC. The offences are compoundable in nature. Terms of compromise are read over and explained to parties. In view of compromise, accused is acquitted under section 320(8) Cr.P.C. for the offence under section 379 of IPC. Bail bonds are cancelled and accused are set at liberty.

(Smt.K.Pooja)

Principal Junior Civil Judge-cum-Judicial

Magistrate of First Class at Kushaiguda.

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

I ADDITIONAL METROPOLITAN MAGISTRATE

MEDCHAL-MALKAJGIRI DISTRICT

AT KUSHAIGUDA,

Present: Sri Viyyapu Arun Tej I Additional Junior Civil Judge-Cum- I Additional Metropolitan Magistrate Medchal- Malkajgiri District At Kushaiguda.

CC No.2719 of 2021

Between:

P.S.Neredmet ` .....Complainant

AND

1) Barja Sunny

2) Motholla Balaiah....Accused

This case is coming up for hearing in the presence of Learned Assistant Public Prosecutor for the Complainant and upon perusal of record on documents the court made the following:

DOCKET ORDER DATED: 01-06-2022

The defacto complainant filed compromise proceedings U/s. 320 of Cr.P.c. and requesting to refer him case before Lok Adalath for recording the compromise. The offences alleged against the accused is U/s. 379 of IPC. Which are in compoundable in nature. Hence the matter is referred to

Lok-Adalath. The defacto complainant present before Lok Adalath. Heard him/her and the prosecution. It is found that the defacto complainant voluntarily compromising his case. Hence the compromise is recorded. Award is passed. The accused is acquitted U/s. 320 (8) Cr.P.C. In view of

Lok Adalath Award passed the accused is acquitted as per U/s.320(8) Cr.PC. Hence the accused is set at liberty. If A2 is no longer required in any other case. Interim custody order of the case property is made absolute.

Written and pronounced by me in the open court on this the 01 st day of June, 2022

I ADDL.JUNIOR CIVIL JUDGE -CUM

I ADDL. JUDICIAL FIRST CLASS MAGISTRATE,

MEDCHAL- MALKAJGIRI

AT KUSHAIGUDA

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

I ADDITIONAL METROPOLITAN MAGISTRATE

MEDCHAL-MALKAJGIRI DISTRICT

AT KUSHAIGUDA,

Present: Sri Viyyapu Arun Tej I Additional Junior Civil Judge-Cum- I Additional Metropolitan Magistrate Medchal- Malkajgiri District At Kushaiguda.

CC No.46 of 2021

Between:

SHO P.S.Neredmet .....Complainant

AND

Mohammed Shabbir .....Accused

This case is coming up for hearing in the presence of Learned Assistant Public Prosecutor, Advocate, Learned Counsel for Complainant and upon perusal of record on documents the court made the following:

DOCKET ORDER DATED: 01-06-2022

Both parties are present. Both parties filed a memo reported that they wish to proceed with compromising the case and they filed a memo along with divorce certificate stating that the divorce has been granted on 14.11.2020. As the divorce is already be taken, there is no need of observation period hence the observation period is waived off. Terms of compromise are read over and explained to the parties and they admitted the terms to be true and correct. Terms of compromise recorded. In view of compromise of the matter before the Lok-Adalath, accused is acquitted under section 320 (8) Cr.P.C for the offence under section 498-A of IPC. Bail bonds of accused stand cancelled. There is no case property.

Written and pronounced by me in the open court on this the 01 st day of June, 2022.

I ADDL.JUNIOR CIVIL JUDGE -CUM

I ADDL. JUDICIAL FIRST CLASS MAGISTRATE,

MEDCHAL- MALKAJGIRI

AT KUSHAIGUDA

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

I ADDITIONAL METROPOLITAN MAGISTRATE

MEDCHAL-MALKAJGIRI DISTRICT

AT KUSHAIGUDA,

Present: Sri Viyyapu Arun Tej I Additional Junior Civil Judge-Cum- I Additional Metropolitan Magistrate Medchal- Malkajgiri District At Kushaiguda.

CC No.1041 of 2022

Between:

P.S.Neredmet .....Complainant

AND

B.Janakiram John.....Accused

This case is coming up for hearing in the presence of Learned Assistant Public Prosecutor for the Complainant and upon perusal of record on documents the court made the following:

DOCKET ORDER DATED: 01-06-2022

The defacto complainant filed compromise proceedings U/s. 320 of Cr.P.c. and requesting to refer him case before Lok Adalath for recording the compromise. The offences alleged against the accused is U/s. 323, 506, 509 of IPC. Which are in compoundable in nature. Hence the matter is referred to Lok-Adalath. The defacto complainant present before Lok Adalath. Heard him/her and the prosecution. It is found that the defacto complainant voluntarily compromising his case. Hence the compromise is recorded. Award is passed. The accused is acquitted U/s. 320 (8) Cr.P.C.

Written and pronounced by me in the open court on this the 01 st day of June, 2022

I ADDL.JUNIOR CIVIL JUDGE -CUM

I ADDL. JUDICIAL FIRST CLASS MAGISTRATE,

MEDCHAL- MALKAJGIRI

AT KUSHAIGUDA