THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE P. SWAROOP REDDY C.M.A.No.222 of 2009 Judgment: (Per Sri Justice P. Swaroop Reddy) This civil miscellaneous appeal is directed against the order, dated 06.01.2006, passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad, allowing O.P.No.1678 of 2005 filed by respondent No.1 herein under Section 372 of Indian Succession Act, seeking to issue Succession Certificate in her favour to withdraw the death and other benefits of late Madhu Latha. 2. The grievance of the appellants is that the amounts payable on account of the death of the deceased employee, by name Madhu Latha, cannot be paid to the present respondents though they obtained Succession Certificate and that the amounts are to be paid only as per nomination. 3. Learned counsel for the appellants produced the original copy of Nomination for Death-cum-Retirement Gratuity, which shows that in case Sri Channaiah pre-deceases, Sri Anand Kumar, Sri Anil Kumar and Sri Arun Kumar, the sons of Sri Channaiah, are entitled to the amounts. Now, it is not in dispute that said Channaiah is no more, as such, the persons that are entitled to receive the amounts are Sri Anand Kumar, Sri Anil Kumar and Sri Arun Kumar. 4. Learned counsel for the respondents reports that though the Succession Certificate is obtained on the name of certain persons, they have no objection for the amounts being paid to Sri Anand Kumar, Sri Anil Kumar and Sri Arun Kumar, who are entitled to receive as per Form ’D’. 5 . It is seen that there is a mistake in the Succession Certificate. The order, dated 06.01.2006, in O.P.No.1678 of 2005 shows that said Succession Certificate has been issued in favour of respondent Nos.2 and 3 herein, but the Succession Certificate shows that apart from the names of respondent Nos.2 and 3, the name of respondent No.4 herein was also added as per the terms of compromise. The contention of the learned counsel for the respondents is that in the order, dated 06.01.2006, there is an inadvertent omission of reference to respondent No.4 herein. But there is no material in support of the same. However, in view of the fact that the present respondents have no objection for the amounts being paid to Sri Anand Kumar, Sri Anil Kumar and Sri Arun Kumar as per the nomination, we direct the appellants that the amounts shall be paid to Sri Anand Kumar, Sri Anil Kumar and Sri Arun Kumar irrespective of the Succession Certificate obtained. The Civil Miscellaneous Appeal is, accordingly, ordered. No order as to costs. _____________________ GHULAM MOHAMMED, J _____________________ P. SWAROOP REDDY, J Date:20.10.2010 sj