THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE P. DURGA PRASAD CIVIL MISCELLANEOUS APPEAL No. 223 of 2011 JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana) This civil miscellaneous appeal is directed against the order dated 19.01.2011 passed in O.P. No. 2074 of 2010 by the III Additional Chief Judge, City Civil Court, Hyderabad, allowing the petition filed by the respondent herein for issuance of succession certificate in her favour in respect of the schedule properties due to the estate of his deceased husband namely Kishore Babu. Though the order under appeal indicates that public notice on the petition was given and no objections were received, it is the contention of the appellant that she is the mother of the deceased and she, being Class-I heir of the deceased, is entitled to a share in the estate of the deceased, and the respondent, without impleading her as party to the petition, obtained the succession certificate behind her back, which is illegal and cannot be sustained. This Court, on 16.03.2011, granted interim suspension of the order under appeal, pending disposal of the appeal. The counsel for the appellant, at the hearing, brought to the notice of the Court that the appellant filed O.S. No. 523 of 2011 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad, for partition of the properties belonging to her deceased son into two equal shares and obtained interim injunction restraining the respondent not to alienate the immovable properties, pending disposal of the suit. He, therefore, submits that it would be appropriate if the order under appeal is set aside and the matter is remanded to the Court below for fresh consideration and the partition suit filed by the appellant is also ordered to be transferred to the Court below from the file of II Additional Chief Judge, City Civil Court, for consideration along with the present O.P. filed by the respondent. The counsel appearing for the respondent agreed to the submissions made by the counsel for the appellant. In the circumstances, we set aside the order under appeal and remand the matter to the Court below, for consideration and disposal afresh, taking into consideration the claim of the appellant herein. The suit O.S. No. 523 of 2011 filed by the appellant, which is pending on the file of the II Additional Chief Judge, City Civil Court, shall be transferred to the Court below i.e. the III Additional Chief Judge’s Court, City Civil Court, Hyderabad. Upon such transfer, the Court below shall consider and dispose of the present O.P. and the said suit together. With the above, the civil miscellaneous appeal is allowed. No order as to costs. _____________ N.V. RAMANA, J _________________ P. DURGA PRASAD, J 16th November 2011 IBL