Date of Hearing :03.07.2025 :: Date of Judgment :22.08.2025
A.C. Behera, J. This Civil Miscellaneous Petition under Article
227 of the Constitution of India, 1950 has been filed by the petitioners
against the opposite parties praying for quashing the final order dated
07.09.2018 (Annexure-5) passed in C.M.A. No.03 of 2017 under
Section 372 of the Indian Succession Act, 1925 by the learned Senior
Civil Judge, Rayagada.
2. The factual backgrounds of this CMP, which prompted the
petitioners for filing of the same is that, they (petitioners) are the
parents of their only son Deverkonda Sridhar. Their son i.e.
Deverkonda Sridhar died in a motor vehicular accident on dated
07.11.2016 leaving behind his widow wife Santoshi Rupa, his two
minor sons, namely, Deverkonda Sai Siddharth and Deverkonda Sai
Samarth @ Sairam along with the petitioners as his successors. The
deceased son of the petitioners i.e. Deverkonda Sridhar was serving in
J.K. Paper Mills as Deputy Manager. After the aforesaid motor
vehicular accidental death of Deverkonda Sridhar, his service benefits
were credited to the account of his wife i.e. Santoshi Rupa vide her
Axis Bank S/B Account No.916110052677316 of Rayagada Branch.
The insurance policy benefits of their deceased son Deverkonda
Sridhar were also credited to the said account of his wife in Axis
Bank, Rayagada Branch. Two accounts were also opened in the name
of minor sons of Deverkonda Sridhar i.e. Deverkonda Sai Siddharth
and Deverkonda Sai Samarth @ Sairam vide Account
Nos.917010028155887 & 917010028106076 respectively in the said
Axis Bank, Rayagada Branch for the credit of insurance benefits of
their deceased son. In addition to that, LIC Policy bearing
No.574356001 of their deceased son had ripened for maturity at the
time of his death. After the death of their son Deverkonda Sridhar, his
wife Santoshi Rupa and his above two minor sons i.e. Deverkonda Sai
Siddharth and Deverkonda Sai Samarth @ Sairam expired on dated
25.05.2017 committing suicide at a time in a house while they were
staying at Eluru in West Godavari District, Andhra Pradesh leaving
behind the petitioners as their successors. For which, the petitioners
approached the Bank Manager of Axis Bank and the Manager of LIC
i.e. O.P. Nos.1 & 2 for disbursement of the deposited amounts and
policy benefits of Deverkonda Sridhar, Santoshi Rupa, Deverkonda
Sai Siddharth and Deverkonda Sai Samarth @ Sairam in their favour,
but the O.P. Nos.1 & 2 directed the petitioners for production of
succession certificate obtaining from the competent Court of law for
the release of the said amounts of the deceased Deverkonda Sridhar,
Santoshi Rupa, Deverkonda Sai Siddharth and Deverkonda Sai
Samarth @ Sairam in their favour. Therefore, the petitioners (husband
and wife) approached the Court of learned Senior Civil Judge,
Rayagada by filing Intestate Case No.03 of 2017 under Section 372 of
the Indian Succession Act, 1925 being the petitioners arraying the
Branch Manger of Axis Bank, Rayagada and the Branch Manager,
LIC, Rayagada as O.P. Nos.1 & 2 respectively praying for issuance of
a Succession Certificate in their favour for releasing the deposited
amounts of the aforesaid deceased persons and their policy benefits in
their favour by the O.P. Nos.1 & 2.