Sei sulla pagina 1di 13

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017
1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend) … Petitioners
Vs.
Nil … Respondents

PETITION FILED U/S.372 OF INDIAN SUCCESSION ACT


ON BEHALF OF THE PETITIONERS

1. The petitioners 1, 2, 4 and 5 are the sons and 3 rd petitioner is the

daughter of late Padarthi Rathnam, all are Hindus, aged about 32, 29, 26, 20 and

15 years respectively. Petitioners 1, 2, 4 and 5 are residing at Harijanawada,

North Rajupalem Village, Kodavalur Mandal, SPSR Nellore District. 3 rd petitioner

who is married daughter of Padarthi Rathnam is wife of Premchandra Kumar,

residing at Indiramma Colony, Koppolu Village, Ongole Mandal, Prakasam

District. Their address for service of all notices etc., on them is that of their

advocates Smt. G. Seshamma, B.Sc., B.L., and Sri G. S. Prasad, B.A., B.L., Kovur,

SPSR Nellore District.

2. The petitioners submit that one Padarthi Rathnam is their father and

while working as Driver in APSRTC, Kavali Depot bearing Badge No.E510838

died in an accident on 26.04.2016 on duty leaving behind him the petitioners as

his legal heirs to succeed to his estate and liabilities. The said accident is

registered as Crime No.84/2016 in Kavali Rural P.S. The mother and wife of the

said Padarthi Rathnam are predeceased to him. The petitioners are filing the

Family Members Certificate showing that their father Padarthi Rathnam resident

of North Rajupalem Village, Kodavalur Mandal died on 26.04.2016 leaving them

as his legal heirs.


// 2 //

3. After the demise of the said Rathnam, the 1 st petitioner approached the

Depot Manager, APSRTC, Kavali for the death benefits of his father and the

Depot Manager who forwarded his request to the Secretary, APSRTC Staff

Benevolent cum Thrift Fund, Hyderabad and the Depot Manager, Kavali received

a letter bearing No.SBT/83/2016-2017/510838/NDT dated 20.08.2016 informing

him that the said Rathnam has shown his wife as his nominee and as she was

predeceased to him and has not executed any revised Nomination Form and so

directed the Depot Manager, Kavali to advise the 1 st petitioner and other family

members to obtain Succession Certificate from competent Civil Court for an

amount of Rs.1,82,358/- (Rupees One Lakh Eighty Two Thousand Three

Hundred and Fifty Eight only) approximately to settle the issue. The Depot

Manager, Kavali in turn addressed a letter No.E1/756(09)/2016-KVL dated

21.12.2016 to the 1st petitioner informing the same and advised him to submit

Succession Certificate for the said amount from competent civil court as early as

possible. In the circumstances the petitioners are constrained to file this petition

for grant of Succession Certificate for a sum of Rs.1,82,358/- recognizing them

as Legal Heirs of deceased Padarthi Rathnam.

4. The petitioners are filing Death Certificate of Padarthi Rathnam dated

13.02.2017 issued by the Panchayat Secretary, Gowravaram Gram Panchayat,

Kavali Mandal, Family Member Certificate dated 02.06.2016 issued by the

Tahasildar, Kodavalur Mandal obtained through Meeseva, Attested Photostat

Copy of FIR in Crime No.84/2016 in Kavali Rural P.S. and Letter bearing No.

E1/756(09)/2016-KVL dated 21.12.2016 addressed to 1st petitioner by the Depot

Manager, APSRTC, Kavali along with the letter addressed to him by the

Secretary, APSRTC SBT, Hyderabad and the petitioners crave leave of the

Hon’ble Court to refer the contents of the same as part and parcel of this petition.
// 3 //

5. Cause of action for the petition arose on 26.04.2016 when Padarthi

Rathnam died leaving the petitioners as his legal heirs and as the Depot

Manager, Kavali informed the petitioners to obtain Succession Certificate from

the competent civil court vide Letter No.E1/756(09)/2016-KVL dated 21.12.2016

and as the said Padarthi Rathnam is permanent resident of North Rajupalem

Village, Kodavalur Mandal, SPSR Nellore District within the jurisdiction of this

Hon’ble Court and hence this Hon’ble Court has got jurisdiction.

6. A fixed court fees of Rs.3/- is paid under Schedule II, Article II (L) (2) of
A.P.C.F and S.V. Act.

7. The petitioners therefore pray the Hon’ble Court:

(a) to grant Succession Certificate in favour of the petitioners in respect


of the amount shown in the petition schedule attached to this
petition,

(b) grant costs of this petition, and

(c) grant such other and further reliefs as the Hon’ble Court deem just

and necessary in the circumstances of the case.

Kovur, 2 .02.2017 1.
2.
3.
4.
5.
Filed by me,
We, the petitioners, do hereby declare that
the above contents are true to the best of
our knowledge, information and belief.
Advocate for Petitioners.
1.
2.
3.
4.
5.
IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017

1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend) … Petitioners

Vs.
Nil … Respondents

LIST OF DOCUMENTS FILED ON BEHALF OF THE PETITIONERS

1. 13.02.2017: Death Certificate of Padarthi Rathnam issued by the Panchayat


Secretary, Gowravaram Gram Panchayat, Kavali Mandal.

2. 02.06.2016: Family Member Certificate issued by the Tahasildar, Kodavalur


Mandal obtained through Meeseva.

3. 26.04.2016: Attested Photostat Copy of FIR in Crime No.84/2016 in Kavali


Rural P.S.

4. 21.12.2016: Letter bearing No.E1/756(09)/2016-KVL addressed to the 1st


petitioner by the Depot Manager, APSRTC, Kavali enclosed with
the letter addressed to him by the Secretary, APSRTC Benevolent
cum Thrift Fund, Hyderabad

Advocate for the Petitioners.


IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017

1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend) … Petitioners

Vs.
Nil … Respondents

PETITION SCHEDULE

A sum of Rs.1,82,358/- (Rupees One Lakh Eighty Two Thousand Three

Hundred and Fifty Eight only)

Kovur, 2 .02.2017 1.

2.

3.

4.

5.
Filed by me,
We, the petitioners, do hereby declare that
the above contents are true to the best of
our knowledge, information and belief.
Advocate for Petitioners.
1.

2.

3.

4.

5.
IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017
1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend … Petitioners
Vs.
Nil … Respondents

AFFIDAVIT

I, Padarthi Rambabu, son of late Padarthi Rathnam, Hindu, aged about 32


year, resident of Harijanawada, North Rajupalem Village, Kodavalur Mandal,
SPSR Nellore District, do hereby solemnly affirm and state as follows:

1. I submit that I am the 1st petitioner herein and petitioners 2, 4 and 5 are

my brothers and 3rd petitioner is my sister. Our father Padarthi Rathnam while

working as Driver in APSRTC, Kavali Depot bearing Badge No.E510838 died in

an accident on 26.04.2016 on duty leaving behind him me and other petitioners

as his legal heirs to succeed to his estate and liabilities. The said accident is

registered as Crime No.84/2016 in Kavali Rural P.S. My mother and grand

mother are predeceased to my father. I am filing the Family Member Certificate

showing that our father Padarthi Rathnam resident of North Rajupalem Village,

Kodavalur Mandal died on 26.04.2016 leaving me and other petitioners as his

legal heirs.

2. I further submit that after the death of our father, I approached the Depot

Manager, APSRTC, Kavali for the death benefits of our father and the Depot

Manager who forwarded my request to the Secretary, APSRTC Staff Benevolent

cum Thrift Fund, Hyderabad and the Depot Manager, Kavali received a letter

bearing No.SBT/83/2016-2017/510838/NDT dated 20.08.2016 informing him that

the said Rathnam has shown his wife as his nominee and as she was

predeceased to him and has not executed any revised Nomination Form and so
// 2 //

directed the Depot Manager, Kavali to advise me and other family members to

obtain Succession Certificate from competent Civil Court for an amount of

Rs.1,82,358/- (Rupees One Lakh Eighty Two Thousand Three Hundred and Fifty

Eight only) approximately to settle the issue. The Depot Manager, Kavali in turn

addressed a letter No.E1/756(09)/2016-KVL dated 21.12.2016 to me informing

the same and advised me to submit Succession Certificate for the said amount

from competent civil court as early as possible. In the circumstances I and other

petitioners are constrained to file this petition for grant of Succession Certificate

for a sum of Rs.1,82,358/- recognizing them as Legal Heirs of deceased Padarthi

Rathnam.

3. I am filing Death Certificate of Padarthi Rathnam dated 13.02.2017

issued by the Panchayat Secretary, Gowravaram Gram Panchayat, Kavali

Mandal, Family Member Certificate dated 02.06.2016 issued by the Tahasildar,

Kodavalur Mandal obtained through Meeseva, Attested Photostat Copy of FIR in

Crime No.84/2016 in Kavali Rural P.S. and Letter bearing No. E1/756(09)/2016-

KVL dated 21.12.2016 addressed to me by the Depot Manager, APSRTC, Kavali

along with the letter addressed to him by the Secretary, APSRTC SBT,

Hyderabad and craves leave of the Hon’ble Court to refer the contents of the

same as part and parcel of this affidavit.

4. Hence in the circumstances I pray the Hon’ble Court to grant

Succession Certificate in favour of me and other petitioners for the amount

shown in the petition schedule.

Kovur, 2 .02.2017. Solemnly affirmed and executed before me


Filed by me,

Advocate fore the Petitioners. Advocate, Kovur.


IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017

1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend) … Petitioners
Vs.
Nil … Respondents

AFFIDAVIT

I, Padarthi Rambabu, son of late Padarthi Rathnam, Hindu, aged about 32


year, resident of Harijanawada, North Rajupalem Village, Kodavalur Mandal,
SPSR Nellore District, do hereby solemnly affirm and state as follows:

1. I submit that I am the 1st petitioner herein and petitioners 2, 4 and 5 are

my brothers and 3rd petitioner is my sister. Our father Padarthi Rathnam while

working as Driver in APSRTC, Kavali Depot bearing Badge No.E510838 died in

an accident on 26.04.2016 on duty leaving behind him me and other petitioners

as his legal heirs to succeed to his estate and liabilities. The said accident is

registered as Crime No.84/2016 in Kavali Rural P.S. My mother and grand

mother are predeceased to my father. I am filing the Family Member Certificate

showing that our father Padarthi Rathnam resident of North Rajupalem Village,

Kodavalur Mandal died on 26.04.2016 leaving me and other petitioners as his

legal heirs.

2. I further submit that the APSRTC, Nellore directed us to obtain

Succession Certificate from the competent Civil Court. The 5 th petitioner is minor

and I am representing him as a guardian as my parents are died. The 5 th

petitioner is also entitled to receive the death benefits payable to us. As both of

my parents died and 5th petitioner being minor, is in my custody and I am looking
// 2 //

after his welfare as his elder brother. I have no adverse interest against the claim

of 5th petitioner and I will safeguard his interest and I will not act against his right

and claim. In the circumstances I may be permitted to file this petition as a

guardian on behalf of the 5th petitioner also.

3. Hence in the circumstances I pray the Hon’ble Court may be pleased to

permit me to file the petition on behalf of the 5 th petitioner as his next friend /

guardian, otherwise the 5th petitioner will be put to serious hardship and injury.

Kovur, 2 .02.2017. Solemnly affirmed and executed before me


Filed by me,

Advocate fore the Petitioners. Advocate, Kovur.


IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017

1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend) … Petitioners

Vs.
Nil … Respondents

PETITION FILED UNDER ORDER 32, RULE 3 R/W S.151 OF C.P.C.


ON BEHALF OF THE PETITIONERS

For the reasons mentioned in the accompanying affidavit the Hon’ble court
may be pleased to:

a) permit the 1st petitioner to file the petition on behalf of the 5 th petitioner as

his next friend / guardian in the interest of justice,

b) grant such other and further reliefs as the Hon’ble Court deem just and

necessary in the circumstances of the case.

Advocate for the Petitioners


IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017

1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend) … Petitioners

Vs.
Nil … Respondents

AFFIDAVIT FILED UNDER ORDER 6, RULE 15 (4) OF C.P.C


ON BEHALF OF THE PLAINTIFF

I, Shaik Karimulla, son of Kalesha, Muslim, aged about 51 years,


agriculturist, resident of Allur Village and Mandal, SPSR Nellore District, do
hereby solemnly affirm and state as follows:

1. I am plaintiff in the above suit and I filed the above suit against the

defendant for recovery of the amount due under the suit promissory note. I have

verified the pleadings and contents that are mentioned in the plaint are all true

and correct and I pray the Hon’ble Court may be pleased to treat the contents of

the plaint as part and parcel of this affidavit and pray the Hon’ble Court may be

pleased to pass judgment and decree as prayed for.

Kovur, 13.10.2016.
Solemnly affirmed and signed before me at
Kovur on this 13th day of October, 2016.

Filed by me,

Advocate for the Plaintiff. Advocate, Kovur.


IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

O.S.No. / 2016

Shaik Karimulla … Plaintiff


Vs.
Nataru Venkateswarlu … Defendant

AFFIDAVIT FILED UNDER ORDER 6, RULE 14 (A) OF C.P.C


ON BEHALF OF THE PLAINTIFF

I, Shaik Karimulla, son of Kalesha, Muslim, aged about 51 years,


agriculturist, resident of Allur Village and Mandal, SPSR Nellore District, do
hereby solemnly affirm and state as follows:

1. I am plaintiff in the above suit and I filed the above suit against the
defendant for recovery of the amount due under the suit promissory note. I am
furnishing the Registered Address of the defendant hereunder for service of
summons.

Nataru Venkateswarlu,
S/o Ramanaiah,
R/o Chandrasekharapuram Village
Allur Mandal,
SPSR Nellore District.

Kovur, 13.10.2016.
Solemnly affirmed and signed before me at
Kovur on this 13th day of October, 2016.
Filed by me,

Advocate for the Plaintiff. Advocate, Kovur.


IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, KOVUR

S.O.P.NO. / 2017
1. Padarthi Rambabu
2. Padarthi Praveen
3. Musunuru Anusha
4. Padarthi Sannibabu
5. Padarthi Vineeth
(being minor rep. by his brother
Padarthi Rambabu as guardian / next friend) … Petitioners
Vs.
Nil … Respondents

PROCESS MEMO FILED ON BEHALF OF THE PETITIONERS

S. Name and Address Batta Process


No

1 General notice for issuing Court 30.00


Northrajupalem summons
CC 20.00

-----------------------

Advocate for the Petitioners