IN THE HIGH COURT OF ANDHRA PRADESH :: THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON]BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 899 OF 2024 Wrl't Appeal under clause 15 of the Letters Patent to a) allow the Writ Appeal, by settI'ng aside the order passed by the Hon'ble HI-gh Court I-n W.P.No.5967 of 2024, dt.03-09-2024 b)and to pass such other order or orders as this HonJble court may deem fit and proper in the circumstances of the Case- Between.I Seemala Rama Devi, W/o Late, Babu Sudarsanarao, Aged about 54 years, R/o Sundaranayanapuram, Belagam, Parvathipuram, vI-Zianagaram District. ...Appellant/2nd Respondent AND 1. Betha Mahalakshmi, w/o Late Kona Srinl'vasa Kumar, aged about 53 years, Occ: Teacher, R/o.H.No.171, GandhI'nagar Colony, NeIII'marla Village and Mandal, vI-Zianagaram District. 2. The State Bank of India, Rep. by its Branch Manager, MaI'n Branch, Parvathipuram, vizianagaram Distrl-ct, AP. ...Respondents rgr+¥ -:;:, r``ng - `~' gr5:¥= L>`, lA NO:-1 OF 2024 •\\ . `.:f` ` '``-.i... -: l`.``-;tJ;+t:id~ :n:+ttI;leOnaffldnadvelrt f:IeeCdtlIOnns : p5:o: Po: thp:apy:ntI:,Ot::tthlen :lgehC:ro:uu: S:aanyCbe: i._ i t tr ,J.-,Pl6a~sad to suspend the order passed by the learned Single Judge in W.P. No. 5967 of 2024, dated 03-09-2024 during the pendency of the writ Appeal before this Hon'ble Court. lANO: 2OF2024 Betwee n : 1. Betha Mahalakshmi, W/o Late Kona Srinivasa Kumar, aged about 53 years, Occ: Teacher, R/o.H.No.171, Gandhinagar Colony, NeIIimarla Village and MandaI,-Vizianagaram District. ...Petitioner/1st RespoIldent AND 1, Seemala Rama Devl', W/o Late Babu Sudarsanarao, Aged about 54 years, R/o Sundaranayanapuram, Belagam, Parvathipuram, Vizianagaram District. ...Respondent/AppeIIant 2. The State Bank of India, Rep. by its Branch Manager, Main Branch, Parvathipuram, vizianagaram District, AP. ...Respondellt/2nd Respondent Petition under section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be Pleased tO Vacate the interI-m Order dated 7.ll,2024 in I.A.No.1 of 2024 and dismiss the Writ Appeal. 6/ .-a --,4d» rty Counsel for the Appellant: SRI ASHOK KONDETI counsel for the Respondent No.1.I SRI N BHARATH SIMHA REDDY counsel for the Respondent No.2.I SRI VENKATA RAMA RAO KOTA The Court made the following: lseERist-strfRE€ \.-I APHCO10473582024 lN THE H[GH COURT OF ANDHRA PRADESH Bench Sr|No:-17 AT AMARAVATI WRIT APPEAL NO: 899 of 2024 Seemala Rama Devi Vs. Betha Mahalakshmi and another Advocate for Appellant ********** Mr Ashok Kondeti [3446] ...Appellant ...Respondents Advocate(s) for Respondent(s) : Mr. N Bharath Simha Reddy for R.1 Mr. Venkata Rama Rao Kota for R.2 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 19thJune,2025 PC: The present writ appeal has been preferred against the judgment and order, dated 03.09.2024 passed in W.P.No.5967 of 2024. 2. The writ petition was allowed in favour of the petitioner - respondent No.1 herein with a direction to the bank (respondent No.2 herein) to release the amount belonging to the deceased - Kona Srinivasa Kumar in favour of the petitioner in view of the fact that the petitioner had to her credit a succession certificate issued in accordance with law. 3. Learned counsel for the appellant states that the judgment and order impugned is unsustainable inasmuch as the appe!!ant had initiated 2 HCJ&RRR,J WA 899 2024 proceedings for setting aside the ex parfe order passed by the Court which has since been ordered and the ex parfe order has been set aside. lt is stated that as on date there is no succession certificate and, therefore, the direction of the learned single Judge to release the entire deposited amount in favour of respondent No.1 herein ought not to be complied with. 4. Learned counsel for the respondents do not deny the fact that the ex parfe order passed by the Senior Civil Judge, Vizianagaram has since been set aside. 5. In that view of the matter, the judgment and order impugned js set aside. The issue of the release of the money shall depend upon the final outcome of the proceedings before the Court of Senior Civil Judge, Vizianagaram in S.O.P.No.5 of 2020. 6. The Writ Appeal is accordingly disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-K.I //TRUE COPY// To, 1. Betha Mahalakshmi, W/o Late Kona Srinivasa Kumar, aged about 53 years, Occ Teacher, R/o.H.No.171, Gandhinagar Colony, Nellimarla Village and MandaI, Vizianagaram District. 2. The Branch Manager, State Bank of India, Main Branch, Parvathipuram, Vizianagaram District, AP. 3. Ome CC to SRl. ASHOK KONDETI, Advocate [OPUC] E5gr.:Ey _ 4. One CC to SRl. N BHARATH SIMHA REDDY, Advocate [OPUC] 5. One CC to SRl. VENKATA RAMA RAO KOTA, Advocate [OPUC] 6. Three CD Copies Sree 1`. . - | ` .. \ +i:i:.i ,S''! ,( |i``._ . ,|| ..I:I...Ji.I ." |, HIGH COURT DATED:19/06/2025 ORDER WA.No.899 of 2024 DISPOSING OF THE WIA. WITHOUT COSTS