1 of 5 O.S. No.

77 of 2024

IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE AT NAGARKURNOOL.

ON THIS 22nd DAY OF JULY, 2024.

Present:- Smt. Putta Mounika

Prl.Junior Civil Judge,
Nagarkurnool.
OS.No. 77 of 2024

Between:-

1. Nakka Bojjamma W/o Laxmaiah, D/o Chinnaiah, Aged 55 yrs,

Occ: Agril., R/o Thudukurthy Village of Nagarkurnool Mandal and District.
2. S. Ramulu S/o Chinnaiah, Aged 44 yrs, Occ: Agril.,
R/o Sripuram Village of Nagarkurnool Mandal and District.
3. B. Balamma W/o Bichalu, D/o Chinnaiah, Aged 48 yrs,
R/o Sathapuram Village of Peddakothapally Mandal, Nagarkurnool District.
4. P. Chennamma W/o Yellaiah, D/o Chinnaiah, Aged 45 yrs,
R/o Sathapuram Village of Peddakothapally Mandal, Nagarkurnool District.
5. S. Kurmaiah S/o Chinnaiah, Aged 42 yrs, Occ: Agril.,
R/o Thudukurthy Village of Nagarkurnool Mandal and District.

...Plaintiff Nos. 1 to 5.
And
To whom so ever it is concerned.
...Defendants.

Claim: Suit for Declaration of Legal Heirs.

***
This suit came up before me on 04-07-2024 for final hearing in the
presence Sri. M. Rajesh Babu Naik, Advocate for the Plaintiffs and the
Defendants were set exparte and having been stood over for consideration till
this day this Court delivered the following:-

JUDGMENT

1. This suit is filed by the Plaintiffs under Order 7 Rule 1 r/w Section-26 Of

CPC, 1908.
 2 of 5 O.S. No. 77 of 2024

2. The brief averments of the Plaint is that the Plaintiff Nos. 1 to 5 are the

brothers and the sisters of one late Singaram Balaiah and are children of late

Chinnaiah and Naramma. That Singaram Balaiah died on 02.04.2024 and was

unmarried at the time of his death.

That after the death of Singaram Balaiah the Plainitffs have approached

the Tahasildar, Nagarkurnool to issue legal heir certificate. But, the Tahasildar,

Nagarkurnool has refused to issue legal heir certificate and advised them to

approach the competent court to declare them as legal heirs of Singaram

Balaiah. Hence, this suit.

3. Suit was registered and paper publication was given directing the person

who has interest in the suit. But, no person appeared before this Court. Hence,

the Defendants were set ex-parte.

4. To support their case Plaintiff No.1 was examined as Pw1. Chief

examination affidavit of Pw1 was filed and exhibits A1 to A7 were marked.

Pw2 was also examined.

5. Heard Counsel for the Plaintiffs.

6. Now the point for consideration is.,

A) Whether the Plaintiff Nos. 1 to 5 are entitled for the relief as prayed for ?

B) To what relief ?
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The above Points will be discussed in the following way..

ON POINT A: Whether the Plaintiffs 1 to 5 are entitled for the relief as prayed

for ?

(i) It is the contention of Pw1 that her brother i.e., Singaram Balaiah died

on 02-04-2018 issuless. Pw1 also submitted that when she along with other

Plaintiffs has approached Tahasildar, Nagarkurnool to issue legal heir

certificate, he refused to issue the same and directed them to approach the

competent aurthority to get them declared as class-II legal heirs of the

deceased Singaram Balaiah.

(ii) To prove the death of Singaram Balaiah, Pw1 has filed exhibit A1 to A7

i.e., i) Original endorsement dated 20.02.2024, ii) Charge sheet dated

30.05.2018, iii) FIR & Complaint dated 02.04.2018, iv) Inquest panchanama

dated 03.04.2018, v) PME Report of Singaram Balaiah dated 03.04.2018, vi)

161 Cr.P.C Statements of Lw1 to Lw5 dated 02.04.2018 & 03.04.2018 & vii)

Crime details form dated 02.04.2018. Upon considering the contents of exhibit

A1 to A7 and as there is no adverse evidence to disprove it’s contents, it can

be concluded that Singaram Balaiah has died on 02-04-2018.

(iii) Now what has to be proved that whether he died without leaving any of

his class-I legal heirs. To prove this, Pw1 has filed Ex.A1 i.e., endorsement

given by the Tahasildar, Nagarkurnool Mandal, where the Tahasildar has given

an endorsement to the effect that Singaram Balaiah died without having any
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legal heirs. And as no one appeared and no evidence was filed on behalf of

Defendants, the contents of exhibits filed by Pw1 are considered to be

genuine.

Hence, upon making the above observations, this Court is of the opinion

that Pw1 could able to prove that they are the class-II legal heirs of Singaram

Balaiah.

Hence, Point A is answered accordingly.

ON POINT B: To what relief ?

In the result, Suit is decreed in favour of Plaintiff Nos. 1 to 5 by declaring

them as the legal heirs of Singaram Balaiah. No order as to cost.

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

court on this 22nd of July, 2024.
Digitally signed
by PUTTA
PUTTA MOUNIKA
MOUNIKA Date: 2024.09.24
13:27:15 +0530

Prl. Junior Civil Judge,

Nagarkurnool.
 5 of 5 O.S. No. 77 of 2024

Appendix of Evidence
Witnesses examined

For the Plaintiff:- For Defendants:-

Pw1. N. Bojjamma. None.

Exhibits Marked

For Plaintiffs:

Ex.A1 Original endorsement dated 20.02.2024.

Ex.A2 Charge sheet dated 30.05.2018.
Ex.A3 FIR & Complaint dated 02.04.2018.
Ex.A4 Inquest panchanama dated 03.04.2018.
Ex.A5 PME Report of Singaram Balaiah dated 03.04.2018.
Ex.A6 161 Cr.P.C Statements of Lw1 to Lw5 dated 02.04.2018 & 03.04.2018.
Ex.A7 Crime details form dated 02.04.2018.

For Defendants:
NIL. Digitally signed
by PUTTA
PUTTA MOUNIKA
MOUNIKA Date:
2024.09.24
13:27:21 +0530

Prl. Junior Civil Judge,

Nagarkurnool.