IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD C.C.C.A.No.264 of 1999 Between: Y. Lakshmi Prabha and another .. Appellants AND Y. Sivarama Sastry and others .. Respondents JUDGMENT: This appeal is directed against the judgment and decree dated 30-10-1999 in O.S.No.738 of 1993 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad, directing the defendants 2 and 4 to pay the plaintiff Rs.1,97,345-07ps with subsequent interest at 12% per annum from the date of suit till the date of decree and at 6% per annum till realization and dismissing the suit against defendants 1 and 3 making the parties bear their own costs. The plaintiff filed the suit against the wife and minor daughter of his deceased 3rd son and also the Life Insurance Corporation of India and the guarantor for the daughter-in-law in respect of the amounts payable under three insurance polices. While defendants 2 and 4 remained ex parte, the 3rd defendant was represented only by a court guardian, Life Insurance Corporation of India claimed to have only carried out the decision of the competent court in issuing a succession certificate and the State Consumers Disputes Redressal Commission. The suit was partly decreed by the impugned judgment and decree, against which the 2nd defendant for herself and as guardian for the minor 3rd defendant filed the present appeal. Sri R.V. Nagabhushanam Rao, learned counsel for the 1st respondent-plaintiff submitted that as the 2nd appellant/3rd defendant became a major during pendency of the proceedings, the plaintiff has no objection for realization of the fruits of the insurance polices by his grandchild and accordingly, the judgment and decree of the trial Court may be set aside and the appeal may be allowed. This statement of the learned counsel for the 1st respondent, on instructions, is not controverted by the other side and under the circumstances, without going into the merits of the rival contentions, the appeal has to be allowed on the concession made by the learned counsel for the 1st respondent on instructions. Accordingly, the judgment and decree in O.S.No.738 of 1993 dated 30-10-1999 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad, are set aside and O.S.No.738 of 1993 is dismissed without costs and the appeal is allowed accordingly without costs. _____________________ G. BHAVANI PRASAD, J Date: 28-06-2010 Ksn