IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE B.CHANDRA KUMAR C.C.C.A.No.95 of 2011 Between: K.Augi Reddy and another ..... APPELLANTS AND The Deputy Commissioner, Circle No.9 GHMC, Hyderabad and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR C.C.C.A.No.95 of 2011 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) Heard The appellants are the plaintiffs who filed O.S.(SR).41117/2010 on the file of the Chief Judge, City Civil Court, Hyderabad for declaration, declaring that the plaintiffs are the legal heirs of the deceased K.Chandra Reddy and to succeed his estate; and to direct the 1st respondent/defendant-Municipal Corporation to mutate the suit schedule property in the name of the plaintiffs. The suit schedule property is the house property bearing Municipal No.3-4-634/1/C, admeasuring 116.5 sq.yards out of 233 sq.yards, situated at Narayanaguda, Hyderabad, consisting of cellar, ground and three upper floors within the specified boundaries. It is stated that the 1st plaintiff is the brother and the 2nd plaintiff is the sister of the deceased late K.Chandra Reddy, who died intestate on 17.02.2004 without any issues. It is stated that except the appellants herein, there are no other legal heirs to the deceased K.Chandra Reddy. It is stated that the said late K.Chandra Reddy executed a Will dated 15.01.1992, bequeathing his estate and assets absolutely in favour of the first appellant. It is the case of the appellants that without reference to the Will, as there are no other legal heirs except the appellants/plaintiffs herein, they have filed the said suit for declaration that they are entitled to succeed the properties of the deceased Chandra Reddy. It is stated that based on the Will they have approached the Municipal Corporation for mutation of the properties of the deceased in their name, but the Municipal Corporation vide its letter dated 11.06.2010 requested the first appellant to submit a succession certificate and rectification deed mentioning the said house in the said Will. It is stated that rectification deed mentioning the house property cannot be made in the Will as whatever properties the deceased had, the appellants are entitled to succeed the same. The learned Chief Judge, City Civil Court, Hyderabad rejected the plaint as not maintainable, on the ground that the plaintiffs ought to have complied with the objections raised by the Municipal Corporation by its letter dated 11.06.2010, but without complying the same, approaching the Court for declaration of their title over the suit schedule property is not warranted. We do not see any justification in rejecting the plaint by the Court below. In a Will, particulars of all the properties need not be mentioned. Whatever properties the deceased had, his legal heirs are entitled to succeed the same. In the Will, the deceased clearly narrated that he bequeathed his estate and assets absolutely in favour of the 1st appellant herein. Therefore, execution of rectification deed does not arise. Therefore, the impugned order is liable to be set aside, and accordingly set aside. The appellants/plaintiffs are permitted to re-submit the plaint along with a copy of this order, so as to enable the Chief Judge, City Civil Court, Hyderabad to direct the office to number the plaint and to proceed with the same, in accordance with law. The CCCA is accordingly allowed. No order as to costs. ________________ V.ESWARAIAH,J _____________________ B.CHANDRA KUMAR,J Dated: 11.07.2011 Dsr