Dhulipalla Murali vs Pfizer Limited
2024 Latest Caselaw 10283 AP

Andhra Pradesh High Court - Amravati

Dhulipalla Murali vs Pfizer Limited on 14 November, 2024

APHC010128032020

                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3460]
                          (Special Original Jurisdiction)

        THURSDAY ,THE FOURTEENTH DAY OF NOVEMBER
             TWO THOUSAND AND TWENTY FOUR

                        PRESENT
        THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

                   CIVIL REVISION PETITION NO: 870/2020

Between:
Dhulipalla Murali and Others                        ...PETITIONER(S)

                                  AND
Pfizer Limited and Others                         ...RESPONDENT(S)

Counsel for the Petitioner(S):
  1. N SRIRAM MURTHY

Counsel for the Respondent(S):
  1.
The Court made the following:

ORDER:

-

The Revision Case is filed questioning the docket order dated 24.02.2020 passed by the Principal Senior Civil Judge, Guntur in C.F.R.No.6872/2019 in an unnumbered S.O.P filed by the petitioners.

2. Petitioners filed S.O.P under Section 372 of Indian Succession Act seeking for succession certificate. An objection was raised by the trial Court that stamp duty should be paid upfront i.e. atr the time of filing of the O.P. The trial Court without giving any reasons returned the O.P. for payment of stamp duty even though the judgments of the Madhya Pradesh and Allahabad High Courts reported in AIR 1993 Madhya Pradesh Page 41 and AIR 2000 Allahabad Page 166 were

cited by the learned counsel in re-submission of the O.P. Hence the C.R.P.

3. It is a matter of prudence that stamp duty will be paid on the certificate to be issued. The certificate will be issued only after determination of the rights of the petitioners. Therefore, the insistence of payment of Court fee on the certificate to be issued is not contemplated under Indian Succession Act.

4. Hence the docket order of the trial Court dated 24.02.2020 is hereby set aside and the Court concerned is directed to number the Succession O.P filed by the petitioners, if it is otherwise in order, and adjudicate the case and subject to the out come of the adjudication, stamp duty shall be collected as prescribed under the Act on the Succession Certificate.

5. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs.

Miscellaneous petitions, pending, if any, shall stand closed.

________________________ JUSTICE NYAPATHY VIJAY Date: 14.11.2024 RD

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

CIVIL REVISION CASE No.870 of 2020

Dated 14.11.2024 RD