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IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE :: RAJAMAHENDRAVARAM

PRESENT: Sri M.Ramakrishnam Raju,

PRINCIPAL SENIOR CIVIL JUDGE, RAJAMAHENDRAVARAM

Monday, this the 14th day of October, 2019

SUCCESSION ORIGINAL PETITION No.169/2017

Between:

1. Mohammad Shama, W/o late Syed Riyazuddin, Muslim, aged about 40 years, R/o D.No.80-
20-10, 5th Street, Jayasri Gardens, AVA Road, Rajamahendravaram.
2. Syed Rizwan, S/o late Syed Riyazuddin, Muslim, aged about 24 years, R/o D.No.4-148, N.T.R.
Colony, Anaparthi, E.G. District.
3. Syed Imran, S/o late Syed Riyazuddin, Muslim, aged about 22 years, R/o D.No.4-148, N.T.R.
Colony, Anaparthi, E.G. District.
4. Syed Khadar Basha, S/o late Syed Riyazuddin, Muslim, aged about 22 years, R/o D.No.4-148,
N.T.R. Colony, Anaparthi, E.G. District.
.. Petitioners
And

The General Manager, B.S.N.L. Rajamahendravaram, East Godavari District.

.. Respondent

This petition is coming up before me, for hearing on 19.08.2019 in the presence of
Sri Bhavana Ranga Rao, advocate for the petitioners and the respondent was set ex parte,
upon hearing and the matter having stood over for consideration till this day, this Court
delivered the following:

ORDER

1. This is a petition filed by the petitioners under Section 372 of Indian Succession

Act, 1925 to grant succession certificate in favor of the petitioners jointly in respect of the death

benefits which are in the name of the deceased Syed Riyazuddin.

2. The case of the petitioners in brief is as follows;

The 1st petitioner is the legally wedded wife of late Syed Riyazuddin and the

petitioners 2 to 4 are his sons. He worked as Region Mechanic in the office of SDE (G) BSNL,

Anaparthi, East Godavari. Originally, the petitioners 2 to 4 were born to late Bibi

Fathimunnisa, who is the 1st wife of late Syed Riyazuddin. After his 1st wife, he married the 1st

petitioner on 16.04.2015 as per Muslim rites and caste customs and they lived happily together

at Rajamahendravaram. Unfortunately, he died in duty as Region Mechanic on 23.09.2016 at

Anaparthi. After his death, his estate devolved upon the petitioners leaving them as his legal
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heirs. The name of the 1st petitioner was also included in the office records of BSNL as his family

members and beneficiaries of the deceased Syed Riyazuddin. The death benefits of

Rs.9,47,280/- (Rs.6,31,520/- death gratuity + Rs.3,15,760/- leave encashment) in

H.R.No.2000002619) was lying with the respondent. After his death, the petitioners

approached the respondent and requested for death benefits. For that, the respondent advised

them to obtain succession certificate from the Court in their favor. Therefore, the petitioners

were constrained to file this petition.

3. The summons issued to the defendant both through Court and RP were returned

un-serve on the ground that the where address of the defendant is not known. So, on the

application filed by the plaintiff, summonses were ordered by way of substitute service through

paper publication. Accordingly, they were published in Janatha Telugu Newspaper. In spite of

the said publication, the defendant did not appear before the Court, so he was set ex parte on

18.04.2019.

4. Heard the counsel for the petitioner.

5. To substantiate their claim, the petitioners have got examined the 1st petitioner as

P.W.1 and got marked Exs.A.1 to A.8. Among these documents, the marriage certificate of the 1st

petitioner with late Syed Riyazuddin dated 06.12.2016 was marked as Ex.P1, death certificate of

Syed Riyazuddin dated 04.10.2016 was marked as Ex.P2, death certificate of Syed Bibi

Fathimunnisa dated 05.11.2016 was marked as Ex.P3, family members certificate issued by

Revenue Authorities dated 01.11.2016 was marked as Ex.P4, letter by the respondent dated

26.12.2016 was marked as Ex.P5, letter from the respondent dated 22.06.2017 was marked as

Ex.P6, letter from the respondent dated 07.08.2018 was marked as Ex.P7 and Aadhar card of

the petitioners 1 to 4 was marked as Ex.P8.

6. The contention of the petitioner is that Syed Riyazuddin used to work as Region

Mechanic at BSNL, Anaparthi and left with death benefits of Rs.9,47,280/-. He included the 1st

petitioner as his 2nd wife in the office records after the death of his 1st wife and the petitioners 2

to 4 as his sons. Consequently, he died in duty on 23.09.2016 leaving the petitioners as his sole
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legal heirs. As such after the demise of his father, the petitioners are entitled for the death

benefits of Syed Riyazuddin.

7. As the respondent was set ex parte, the testimony of PWs 1 and 2 remained

uncontroverted. The evidence adduced by the petitioners shows that the 1st petitioner is the wife

and the petitioners 2 to 4 are the children of the deceased Syed Riyazuddin. Therefore, they are

entitled to receive Succession Certificate as prayed for.

8. In the result, this petition is allowed granting succession certificate in favor of the

1st petitioner in respect of schedule mentioned death benefits of the deceased Syed Riyazuddin

which are in the hands of the respondent.

Typed to dictation by the Stenographer, corrected and pronounced by me in the open

court on this the 14th day of October, 2019
Sd/- M.Ramakrishnam Raju,
Principal Senior Civil Judge,
Rajamahendravaram.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PETITIONER: FOR RESPONDENTS:

P.W.1: Mohammed Shama Nil.

P.W.2: Syed Imran.

DOCUMENTS MARKED
FOR PETITIONER:

Ex.P.1: Marriage certificate of the 1st petitioner with late Syed Riyazuddin dated 06.12.2016
Ex.P.2: Death certificate of Syed Riyazuddin dated 04.10.2016
Ex.P.3: Death certificate of Syed Bibi Fathimunnisa dated 05.11.2016
Ex.P.4: Family Members certificate issued by Revenue Authorities dated 01.11.2016
Ex.P.5: Letter by the respondent dated 26.12.2016
Ex.P.6: Letter from the respondent dated 22.06.2017
Ex.P.7: Letter from the respondent dated 07.08.2018
Ex.P.8: Aadhar card of the petitioners 1 to 4.

FOR RESPONDENT: Nil.

Sd/- M.Ramakrishnam Raju,
Principal Senior Civil Judge,
Rajamahendravaram.
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Petition presented on 02.08.2017

Filed on 09.12.2017

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE :: RAJAMAHENDRAVARAM

PRESENT: Sri M.Ramakrishnam Raju,

PRINCIPAL SENIOR CIVIL JUDGE, RAJAMAHENDRAVARAM

Monday, this the 14th day of October, 2019

SUCCESSION ORIGINAL PETITION No.169/2017

Between:

1. Mohammad Shama, W/o late Syed Riyazuddin, Muslim, aged about 40 years, R/o D.No.80-
20-10, 5th Street, Jayasri Gardens, AVA Road, Rajamahendravaram.
2. Syed Rizwan, S/o late Syed Riyazuddin, Muslim, aged about 24 years, R/o D.No.4-148, N.T.R.
Colony, Anaparthi, E.G. District.
3. Syed Imran, S/o late Syed Riyazuddin, Muslim, aged about 22 years, R/o D.No.4-148, N.T.R.
Colony, Anaparthi, E.G. District.
4. Syed Khadar Basha, S/o late Syed Riyazuddin, Muslim, aged about 22 years, R/o D.No.4-148,
N.T.R. Colony, Anaparthi, E.G. District.
.. Petitioners
And

The General Manager, B.S.N.L. Rajamahendravaram, East Godavari District.

.. Respondent

Petition filed under Section 372 of Indian Succession Act, 1925 by the petitioners to
pass a decree and order in their favor for grant of succession certificate in favor of the 1st
petitioner or in the alternative in favor of all the petitioners jointly in respect of the schedule
amount payable by the respondent being the death benefits of Syed Riyazuddin and other
reliefs.

A Court Fee of Rs.56,837/- is paid on the petition. An amount of Rs.4,500/- is

deposited towards Administration charges.

Cause of action for the petition arose on 23.09.2016 when the husband of the 1st
petitioner and the father of the petitioners 2 to 4 died at Anaparthi under the employment of
the respondent and at Rajamahendravaram where the respondent’s office is situated and the
schedule amount is available and where the 1st petitioner is living, which is within the jurisdiction
of this Hon’ble Court.

This petition is coming up before me, for hearing on 19.08.2019 in the presence of
Sri Bhavana Ranga Rao, advocate for the petitioners and the respondent was set ex parte,
upon hearing and the matter having stood over for consideration till this day, this Court DOTH
DECREE AND ORDER as follows:
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i) that the petition be and the same is hereby allowed granting succession certificate in
favor of the 1st petitioner in respect of schedule mentioned death benefits of the
deceased Syed Riyazuddin which are in the hands of the respondent; and

ii) that there is no order as to costs.

Copy of the petition schedule is attached.

Given under my hand, and the seal of this court, this the 14th day of October, 2019

Sd/- M.Ramakrishnam Raju,

Principal Senior Civil Judge,
Rajamahendravaram.

PARTICULARS OF COSTS
FOR PETITIONERS: FOR RESPONDENT:
No memo of costs filed on either side.

Sd/- M.Ramakrishnam Raju,

Principal Senior Civil Judge,
Rajamahendravaram.