THE HON’BLE SRI JUSTICE G. CHANDRAIAH CIVIL REVISION PETITION Nos.2798 and 2876 of 2011 Date: 02nd August, 2011 Between: Smt. M. Aruna Kumari and 2 others … Petitioners And Nil … Respondents THE HON’BLE SRI JUSTICE G. CHANDRAIAH CIVIL REVISION PETITION Nos. 2798 and 2876 of 2011 COMMON ORDER: The Civil Revision Petition No.2876 of 2011 is filed by the petitioner being aggrieved by the Order dated 11.07.2011 in IASR No.2931 of 2011 in respect of Copy Application No.5643 of 2011 dated 29.06.2011 in Succession O.P.No.523 of 2010; and the Civil Revision Petition No.2798 of 2011 is filed by the petitioner being aggrieved by the Order dated 11.07.2011 in IASR No.2929 of 2011 in respect of Copy Application No.5644 of 2011 dated 29.06.2011 in Succession O.P.No.524 of 2010 on the file of I-Additional District Judge, Nellore. Since the petitioner in both the CRPs is one and the same and the relief sought for in both the CRPs is also similar, both the CRPs are disposed of by this Common Order. The I-Additional District Judge, Nellore, by Order dated 11.07.2011 returned the Copy Application filed by the petitioner seeking to furnish Certified Copies of the Succession Certificate issued in favour of the petitioner in Succession O.P.No.523 of 2010. The said Copy Application was returned on the ground that the Original Succession Certificate was already issued to the advocate concerned. It is submitted by the learned counsel for the petitioner that the petitioner in both these CRPs is the petitioner in Succession O.P.No.523 of 2010 on the file of I-Additional District Judge, Nellore. The petitioner filed the said Succession O.P for issuance of Succession Certificate. The case of the petitioner is that one Late.M.Girija Kumari, daughter of M. Raja Gopal was unmarried and died intestate on 08.10.2009 who is none other than the sister of the petitioner’s father Venkata Sudhakar Babu. After the death of Girija Kumari, the petitioner’s father i.e. Venkata Sudhakar Babu became entitled to the estate of Girija Kumari under the provisions of Hindu Succession Act. Subsequently, the said Venkata Sudhakar Babu died on 14.05.2006 leaving behind Smt. M. Aruna Kumari who is the 1st petitioner herein, and the petitioner Nos. 2 and 3 as the sole legal heirs under the Hindu Succession Act. It is stated by the petitioner that Late Girija Kumari left movable properties in the form of Fixed Deposits in various Banks, for which the petitioner filed an application before the I-Additional District Judge, Nellore in Succession O.P.No.523 of 2010 under the Succession Act for grant of Succession Certificate under Part-X of The Indian Succession Act, 1925. The learned I-Additional District Judge, Nellore by order dated 10.11.2010 granted the Succession Certificate in favour of the petitioner. Therefore, the petitioners are entitled to receive deposits held with the concerned banks. It is further submitted that as the deposits are held with six banks, the petitioners made an application to the concerned banks claiming deposits held in the name of Girija Kumari with a Xerox copy of the said Succession Certificate. But, the banks have insisted the petitioner to produce either Original or a Certified Copy of the Succession Certificate for settlement of rights. Therefore, the petitioner filed a Copy Application before the I- Additional District Judge, Nellore, for furnishing Certified copies of the Succession Certificate for settlement of claims with the concerned banks. But, the said Copy Application was rejected by the lower Court on the ground that the Original Succession Certificate was already issued to the petitioner. The learned counsel for the petitioner submits that Rule 188 of The A.P.Civil Rules of Practice and Circular Orders, 1980 contemplates furnishing any number of Certified Copies to the applicant. The applicant herein is the petitioner in Succession O.P.No.523 of 2010 in favour of whom the Original Succession Certificate was already issued. The learned counsel submits that for the purpose of settlement of claims with various banks, the petitioner requires Certified Copies of the Succession Certificate and the reason given by the Court below for rejecting the application of the petitioner is unsustainable. Rule 188 of The A.P. Civil Rules of Practice and Circular Orders, 1980 reads: “Persons entitled to apply for copies:- Any party to a suit or proceeding shall be entitled to obtain copies of judgments, decrees or orders made or of any documents exhibited in such suit or proceeding on payment of charges in the manner prescribed under these rules. (2) Any person who is not a party to a suit or proceeding requiring, copies of judgments, decrees or orders made or of any documents exhibited in such suit or proceedings, may apply to the Court for grant of such copies by duly stamped petition supported by an affidavit stating the purpose for which the copy is required. Provided that, in cases of doubt whether, the copy applied for should be furnished, the application shall be placed before the Judge for his decision. If the application is refused by the Judge it shall be returned to the applicant with the order of Judge endorsed on it.” The contention of the petitioner is that there are six banks before whom the Succession Certificate has to be produced for the purpose of settlement of claims, and though the petitioners filed Xerox copies of the Succession Certificate before the concerned banks, the banks are not acting upon the Xerox copies, and are insisting on production of either Original Succession Certificate or a Certified copy. It is further contended that unless the petitioners produce the Original Succession Certificate or a Certified copy, they are not in a position to settle the deposits with the banks. Hence, under the circumstances, the Court below is directed to consider the case of the petitioner and furnish the required number of Certified copies to the petitioner in terms of Rule 188 of The A.P. Civil Rules of Practice and Circular Orders, 1980, in accordance with law. With the above direction, the Civil Revision Petitions are disposed of. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH 02nd August, 2011 KSM