IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH
AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TENTH DAY OF MARCH
TWO THOUSAND AND TEN
PRESENT
THE HON'BLE SRI JUSTICE K.C. BHANU
CIVIL MISCELLANEOUS APPEAL No.46 OF 2010
Between:
Ambadipudi Nagaratnamma
..... APPELLANT
AND
To whom so ever it may concern
....RESPONDENT
The Court made the following:
THE HON'BLE SRI JUSTICE K.C. BHANU
CIVIL MISCELLANEOUS APPEAL No.46 OF 2010
JUDGMENT:
This Civil Miscellaneous Appeal, under Section 384 (1) of the India Succession Act, 1925 (for short, “the Act”), is directed against the order, dated 28.10.2009, in S.O.P.No.32 of 2009, on the file of the Senior Civil Judge, Sathupalli, whereunder and whereby, the petition, filed for issuance of the succession certificate, was dismissed on the ground that there was no notification or order, which specifically authorize the Senior Civil Judges to take cognizance of the proceedings under the Act.
2. This Court in R.O.C.No.40/So/72.2 – under the provision of Section 19 (1) of the Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972) and in super cession of the previous Notification on the subject, authorized all Subordinate Judges (including the Additional Judges in the City Civil Courts) to take cognizance of any proceedings under the Indian Succession Act, 1925, (Act 39 of 1925) which cannot be disposed of by the District Delegates.
3. Therefore, in view of the above proceedings, this Court authorized all the Subordinate Judges to take cognizance of the proceedings under Indian Succession Act. Hence, the impugned order is not in accordance with law and the same is liable to be set aside.
4. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the impugned order, and the trial Court shall take cognizance of the proceedings under the Act. There shall be no order as to costs.
_______________
K.C. BHANU, J
March 10, 2010
Note: Issue C.C. of the order within four days.
B/O.MD/YVL
