IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD FRIDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.311 OF 2008 Between: A.Jyothi …Petitioners A n d A.Padmathi and two others ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.311 OF 2008 ORDER: This civil revision petition is directed against the order dated 03.11.2007 O.P.No.71 of 2007, on the file of the Senior Civil Judge, Siddipet, wherein the said petition filed by respondents 1 and 2 herein under Section 372 of the Indian Succession Act, was allowed, granting succession certificate in favour of respondents 1 and 2 herein. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the record. 3. According to the petitioner, she is the wife of Balakrishna Reddy and that the 1st respondent claiming to be the wife and 2nd respondent claiming to be the son have filed O.P for issuance of succession certificate without impleading the petitioner herein though there are matrimonial proceedings pending between the petitioner and the Balakrishna Reddy to the knowledge of the 1st respondent. The petitioner further contends that the 1st respondent filed M.C.No.28 of 1999, on the file of Family Court, Secunderabad, seeking maintenance and that a joint memo was filed by Balakrishna Reddy and the 1st respondent on 18.08.2006 whereunder the 1st respondent received Rs.1,30,000/- in full and final settlement of claim and the 2nd respondent received Rs.50,000/- towards his claim. The petitioner would, therefore, contend that the issuance of succession certificate against respondents 1 and 2 is unsustainable, especially without issuing notice to the petitioner herein. 4. It is not disputed that the petitioner herein was not impleaded as a party in O.P.No.17 of 2007 and no general notice was also taken out by respondents 1 and 2 herein. The impugned docket order does not also disclose that any such general notice was ordered calling for objections against issuance of succession certificate. The learned Senior Civil Judge, Siddipet has passed the impugned order without following the procedure prescribed in the matter of disposal of an application filed for grant of succession certificate under Section 372 of the Indian Succession Act. 5. In the circumstances, it is considered a fit case where the matter has to be remanded to the trial Court for fresh disposal in accordance with law. Accordingly, the impugned order is set aside and the matter is remitted to the Court of Senior Civil Judge, Siddipet for consideration afresh and disposal of the same in accordance with law, after giving opportunity of hearing to petitioner herein to contest the said O.P. 6. In the result, the civil revision petition is allowed as stated above. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 02nd September, 2011 Lrkm.