IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.7903 OF 2018 (ISA) BETWEEN:
1. SRI. M.S. SUGUNENDRA RAO S/O LATE K. SHIVARAMAIAH AGED ABOUT 74 YEARS R/AT NO.120, 5TH MAIN PP LAYOUT, BSK 3RD STAGE BENGALURU-560 085 2. M.G. HARIPRASAD S/O LATE M.S. GURURAJA RAO AGED ABOUT 62 YEARS 3. SRI. M.G. MADHUSUDANA S/O LATE M.S. GURURAJA RAO AGED ABOUT 56 YEARS 4. SRI. M.G. VEENA SRINIVAS W/O D.T. SRINIVAS AGED ABOUT 53 YEARS NO.2 TO 4 ARE R/AT NO.49 2ND MAIN ROAD, PP LAYOUT BSK 3RD STAGE BENGALURU-560 085 5. SRI. M.G. RAMESH S/O LATE M.S. GOPALAKRISHNA RAO AGED ABOUT 53 YEARS R/AT NO.8614, WELLBOARD DRIVE ELLICOTE CITY, MERYLAND 21042 USA, PRESENTLY R/AT PETITIONERS NO.1 HOUSE 6. SMT. M.G. MALATHY MADHUSUDANA W/O MADHUSUDANA AGED ABOUT 50 YEARS R/AT NO.89/29, 39TH ‘B’ CROSS 14TH MAIN, JAYANAGARA 4TH BLOCK SOUTH BENGALURU-560 041 7. SMT. M.G. JAYASHREE W/O GOPALAKRISHNA AGED ABOUT 47 YEARS R/AT 25449, HOPTON HOUSE TERRECE CHANTILLY VA 20152 USA PRESENTLY R/AT PETITIONERS NO.1 HOUSE 8. SMT. M.S. KRISHNAMUMARU W/O LATE SATYANARAYANA RAO AGED ABOUT 76 YEARS R/AT NO.43, 2ND MAIN, PP LAYOUT BANASHANKARI 3RD STAGE SOUTH BENGALURU-560 085 9. SRI. M.S. SRINIVAS S/O LATE M. SATHYANARAYANA RAO R/AT NO.9101, COTTAGE GORVE PASS AUSTIN TX 78717 USA PRESENTLY R/AT PETITIONERS NO.1 HOUSE 10. SMT. SANDYA VIJENDRA W/O VIJENDRA AGED ABOUT 53 YEARS R/AT NO.7210, HANCOCK AVE SANJOS CA 95123 USA PRESENTLY R/AT PETITIONERS NO.1 HOUSE 11. SMT. SAVITHA MURCHING W/O MURCHING AGED ABOUT 49 YEARS R/AT NO.26805, SE 22ND CT SAMMAMISH WA 98075 USA PRESENTLY R/AT PETITIONERS NO.1 HOUSE 12. SRI. M.S. SUKRUTENDRA RAO S/O LATE K. SHIVARAMAIH AGED ABOUT 79 YEARS R/AT NO.132, 4TH MAIN ROAD PP LAYOUT BSK STAGE SOUTH BENGALURU-560 085 13. SMT. SUDHA MURTHY W/O LATE J.V. MURTHY AGED ABOUT 72 YEARS R/AT NO.43, 2ND MAIN KATRIUGPPA WATER TANK PP LAYOUT, BSK 3RD STAGE SOUTH BENGALURU-560 085 14. SRI. J. SUDHARASHAN S/O LATE M.S. MADHURAMANI W/O H.S. JAGANATH RAO AGED ABOUT 51 YEARS R/AT NO.154, 6TH MAIN ROAD PP LAYOUT, BSK 3RD STAGE BENGALURU-560 085 15. SMT. A. JAYALAKSHMI W/O LATE A.V.A. RAO AGED ABOUT 79 YEARS R/AT NO.7/8, REYON 2ND MAQUIN, 7TH CROSS SHANKAMBERI NAGAR JP NAGAR 1ST STAGE BENGLAURU PRESENTLY R/AT PETITIONERS NO.1 HOUSE ... APPELLANTS (BY SRI. G.B. SHANKARAPPA, ADVOCATE) AND:
NIL …RESPONDENT **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 384 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED: 14.09.2018, PASSED IN P & S.C. NO.403/2017, ON THE FILE OF XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-28), DISMISSING THE PETITION FILED U/SEC.372 OF THE INDIAN SUCCESSION ACT, 1925.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed for setting aside the impugned order dated 14.09.2018 dismissal of grant of succession certificate.
2. The facts briefly stated are that the appellants Nos.1 to 15/petitioners before the trial Court had filed a petition under Section 372 of the Indian Succession Act, for grant of succession certificate in respect of claiming the deposit amount of Rs.5,88,847/- of the petitioner’s brother Sri.M.S.Jayaram son of late Shivaramaiah in the Post Office at Jayanagar Branch, Bengaluru. On hearing the parties, the petition was dismissed. Being aggrieved by the said order, the petitioners are before this Court.
3. As could be seen from the order of the trial Court, the petition was dismissed only on the reason that in the cause title of the petition filed before the trial Court, 15 petitioners are shown, but the name of all petitioners are not tallied with Ex.P-3. According to Ex.P-3 only nine (09) members are surviving members of deceased Jayaram, out of which five (05) are shown as dead/deceased.
4. On perusal of the lower Court records, it is seen that Ex.P-9 is the document issued by Deputy Tahsildar, Uttaharahalli Hobli, Bengaluru South Taluk, Bengaluru District, known as family tree. According to this document there are 25 legal heirs, out of them 10 members have expired, remaining 15 members are shown as petitioners in the cause title, but this document has not been considered by the trial Court. The learned trial Judge has come to the wrong conclusion by relying on the Ex.P-3 document and brushing aside Ex.P-9 document, which is also a family tree certified by Revenue Authority namely Deputy Tahsildar, Bengaluru South Taluk, Bengaluru. Thus, the reason assigned by the trial Court in dismissal of petition on the basis of Ex.P-3 alone is not proper and justified. The order cannot be sustainable in law. There are valid grounds to set aside the impugned order.
5. Accordingly, the appeal is allowed and the impugned order dated 14.09.2018 in P & S.C. No.403/2017 passed by the XIV Addl. City Civil Judge, Bengaluru, (CCH-28) is set aside. The matter is remanded to the trial Court with a direction to consider Ex.P-9 and pass necessary in accordance with law.
Sd/- JUDGE BSR