Andhra Pradesh High Court - Amravati
The Divisional Railway Manager And ... vs Kattem Prashanth Kumari And 4 Others on 13 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
WEDNESDAY, THE THIRTEENTH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY FOUR
(PRESENT:
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
AND .
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
CUNLA No, 775 OF 2024
BS
Between:
1.
tt
or
The Divisional Railway Manager, VJayawada Division, South Central
Railway , Viiayawada.
The Divisional Personnel Officer, [Nvisional Ralhvay Manager's Offices,
south Central Railway Viiayawada.
Appellants/Respondents 3 & 4
AND
. Kattem Prashanth Kurnari & Prashanth, Wio KJ Prabhakar Rao Ages,
45 years, R/fo Jayanthipeta, Peraia.
. Rattern Praveen, D/o K.J Prabhakar Rao, Wo Bonigala Mohandas,
aged 28 years, Hindu, R/o Rayanthipeta, FPerala.
Kattem Vidyasagar, S/o K.J Prabhakar Rao, Aged 22 years, Hinds,
Student & C/o Rattem Prashanthi, R/o Jayanthipeta, Perala.
. Responcdents/Petitioners
Kattem Suneetha Florance, W/o Raina Prakash, aged 45 years, Hindu,
Ria Door No. 14-185, Ralpeta, Gudivada.
Satfem Hengiba, Wo not known, Aged about 32 years, Dfo
KJ. Prabhakar Ran, Rfo Qoor No. 11-138, Railpela, Gudivada.
Respondents
Patiion under Section 354 of Indian Succession Act is Hed, aggrieved
by the order of the Principal District Judge, Ongole dated 02.72.2009 in
S.A.LP. No. 6/2008.
RSS SASoy
The petition coming on for hearing, Upon perusing the Petition and the
affidavit Hed in support thereof and the earlier orders of the F High Court dated
16.10.2024 mace herein and upon hearing the arguments of Sri Malla
Srinivas, Advocate for the pefitioners/appellants, the Court mace the following:
ORDER:
"Gn 16.10.2024, a Co-ordinate Bench passed the following order:
"Leamed counsel for the appellants submits that
respondent No. herein, who is fhe 2° wife of the
deceased ampfoyee namely J. Prabhakara Raa,
South Central Railway, Gudivada, is not entitled for
fhe payment of the family pensfan, The succession
certificate granted in respect fo the family pension
and te arrears of the family pension in her favour is
aiso not sustainable, He olaced relance in
Rameshwarl Devi V. Stete of Bihar and Others'.
& Leamed counsel for the resoandents submits
that the employee's 1° wife died on 57.7995 and sre
2" marriage was performed after the death of the 1
wife.
3 We are of the view fiat in Remeshwar! Devi's
case (supra), the 2°" marriage was performed during
fhe subsistence of the T marriage. Prima-facie the
said judgment will not anply.
4, fist tie matter for fine! hearing on
TSF T2024.
§, Learned counsel for the anpellants shall
satisfy on the next date, about fhe focus of the
appellants to challange the succession cerificate
granted in favour of fhe respondents.
* £2002} 2 SCC 434
§. in ihe meanwhile, the appellants shall
calculate the amount of the family pension and the
arrears of family pensien to which the
respondent herein would be aniitied, and shall
deposit the same in this Court through bank draft,
Sefare the next dafe."
2. Learned counsel for the appellants seeks for adjournment.
3. The matter pertains to the family pension and the arrears to
the respondent No.{ herein and in her favour the succession certificate
was aise granted in the year 2012.
4. The family pension has not yet been released. The
appellants have also not made calculation of the amount of family
pension and the arrears of family pension to which the respondent No.1
herein would be entitled, and have failed to deposit the same before this
Court through bank draft In terms of the order, dated 16.70.2024.
&. Let the appellants appear In person before this Court on the
next date of hearing.
$. Post on 20.74.2024."
| SD/-K.SRINIVASA RAIU
ASSISTANT REGISTRAR
TRUE COPY! é J, -
For ASSISTANT REGISTRAR
To,
4. The Registrar Judicial), High Court of Andhra Pradesh at
Amaravati
The Divisional Railway Manager, Viayawada Division, South Central
Prd
Railway . Vilayawada. (directed to appear before this Court on
the next date of hearing Le. an 20.17 2024)
3. The Divisional Personne! Officer, Divisional Railway Manager's
Cvfice, South Central Railway Viiayawada. (Addressee Nos.2 & 3
SRA -
By Special Messenger directed to appear before this Court an
the next date of hearing Le., on 204 12024)
4. One CC fo Ms. Mallampalli Srinivas, Advocate PORUC]
C54
One CC to Sri TD Phani Kumar, Advocate POBUC)
G. One CC to Sri Raia Bhogencra Nath 8. Advocate fOPUCT
f. Two spare copies
RANA
HIGH COURT
RANT, J
CGR,
VHP 2024
x
.
DATED:
POST ON 20.77 2024
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