Karnataka High Court
Anuruba K G N @ Anu Govindarajan vs The Regional Director on 19 November, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2024:KHC:46820
MFA No. 7978 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.7978 OF 2022 (ISA)
BETWEEN:
ANURUBA K G N @ ANU GOVINDARAJAN
AGED 45 YEARS
D/O GOVINDARAJAN
R/AT NO.22/10, 1ST CROSS
SUBHASHCHANDRA BOSE ROAD
KADRENAHALLI
BANGALORE -560070
...APPELLANT
(BY SRI KARUMBAIAH T A, ADVOCATE)
AND:
Digitally signed 1. THE REGIONAL DIRECTOR
by DEVIKA M CENTRAL GOVERNMENT WATER BOARD
Location: HIGH SOUTH WESTERN REGION
COURT OF
KARNATAKA GOVERNMENT OF INDIA
GGWB/SWR/BHUJAL BHAVAN
27TH MAIN, 7TH CROSS
HSR LAYOUT SECTOR-1
BANALORE -560102
2. SELVI CHANDRAGESHAN
D/O LATE TYAGARAJAN
AGED ABOUT 68 YEARS
R/AT RADHAMUDTHU NILAYAM
DR AMBEDKAR NAGAR
-2-
NC: 2024:KHC:46820
MFA No. 7978 of 2022
ROBERTSONPET
K G F -563122
3. T SRIKUMAR
S/O LATE THYAGARAJAN
AGED ABOUT 66 YEARS
SRINIDHI LAYOUT
KONAKUNTE VILLAGE
BANGALORE
4. T VIJAYAN
S/O LATE THYAGARAJAN
AGED ABOUT 63 YEARS
VASANTHANAGAR
BANGALORE
5. T VISHNU
S/O LATE THYAGARAJAN
AGED ABOUT 63 YEARS
R/AT NO.224, 31ST MAIN
6TH PHASE, J P NAGAR
BANGALORE
...RESPONDENTS
(BY SMT. APARNA L V, ADVOCATE FOR R1;
SRI K R ASHOK KUMAR, ADVOCATE FOR R2 TO R5)
THIS MFA IS FILED U/S 384 OF INDIAN
SUCCESSION ACT AGAINST THE ORDER DATED
19.10.2022 PASSED IN P AND SC NO.317/2014 ON THE
FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU CCH.NO.3 AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
-3-
NC: 2024:KHC:46820
MFA No. 7978 of 2022
ORAL JUDGMENT
This miscellaneous first appeal is filed challenging the
order dated 19.10.2022 passed in P&Sc No.317/2014 by
the XV Additional City Civil and Sessions Judge, Bengaluru.
2. Heard the learned counsel appearing for the
respective parties.
3. It is the case of the appellant that she has filed
a petition under Section 372 of the Indian Succession Act
praying the Trial Court to grant succession certificate in
respect of DCRG and terminal benefits of the deceased T
Goverdhanan payable by respondent No.1 on the ground
that she is the second nominee in the service records of
the said deceased Goverdhanan.
4. It is not in dispute that the said Goverdhanan
died in the year 1996 and the first nominee also died in
the year 2000 and class-2 heirs also filed a petition
seeking the relief of grant of succession certificate in P&Sc
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No.263/2001 and the same was allowed on 18.12.2001.
The present appellant filed P&Sc No.317/2014 wherein
also a prayer is sought for grant of succession certificate.
The Trial Court taking note of the fact that the petitioner
has not made out any ground for issuance of succession
certificate comes to the conclusion that claim of the
petitioner is barred by limitation since the petition was
filed in the year 2014 and already succession certificate
was issued in the year 2001 including the mother of this
petitioner and she has also received an amount of
Rs.16.503/- during January 2014. On perusal of the
petition filed in P&Sc No.317/2014, it discloses that there
is no prayer for cancellation of earlier succession
certificate except seeking for the relief of grant of
succession certificate. In paragraph 5 of the petition itself
it is specifically pleaded that after obtaining the succession
certificate, the family members of T Goverdhanan
approached the respondent to comply with succession
certificate issued by the Court. At that point of time,
petitioner came to know that her uncle T Goverdhanan
NC: 2024:KHC:46820
nominated the petitioner to claim all his terminal benefits,
death gratuity under the terminal benefits as per
nomination of DCRG. Such being the case, when the
petitioner come to know about the earlier succession
certificate which was obtained by the class-2 heirs of
Goverdhanan, she ought to have challenged the same and
sought for an order of cancellation of the earlier
succession certificate which was obtained in P&Sc
No.263/2001. The Trial Court also while considering this
aspect comes to the conclusion that, the question of
considering the contention of the plaintiff does not arise by
filing any petition for issuance of succession certificate and
also made it clear in paragraph 27 that even if the plaintiff
aggrieved by the grant of succession certificate, she ought
to seek annulling of the previous succession certificate as
per Section 267 of the Indian Succession Act and the same
has not been done. The learned counsel for the
respondents brought to notice of this Court that the prayer
is not sought for annulling of earlier order passed by the
Trial Court in P&Sc No.263/2001.
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5. The Trial Court while dismissing the petition
taken note of all these aspects into consideration and also
taken note of the fact that in the earlier petition for
granting of succession certificate in P&Sc No263/2001, the
plaintiff's mother is also one of the beneficiary under the
succession certificate and there is a delay in filing the
present petition that too in 2014 and also taken note of
the judgment of this Court reported in AIR 2006 KAR
199 between SEETHAMMA AND ANOTHER vs
BATHENNA AND ANOTHER and referring the said
judgment the Trial Court held that the plaintiff cannot
claim succession certificate on the basis of heirship as her
mother expired. Hence, the principle involved in the
citation will not applicable to the facts on hand. The Trial
Court also taken note that when the petitioner not claimed
right on the basis of inheritance, then the applying the
principle of the judgment reported in AIR 2018 PUNJAB
AND HARIYANA 157 between RAJ KUMAR vs ISHWAR
DEVI also not comes to the aid of the petitioner. The Trial
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Court has given valid reason while rejecting the petition.
Hence, I do not find any ground to admit the appeal.
6. In view of the discussions made above, I pass
the following:
ORDER
The miscellaneous first appeal is dismissed.
Sd/-
(H.P.SANDESH)
JUDGE
SN
