APHC010324242008 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE 3459 PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM I.A. No.1 OF 2025 IN/AND CIVIL MISCELLANEOUS APPEAL No.1265 OF 2008 Between: Jangalapalli Bhanumathi, W/o. Hara Nadha Babu Rao, Aged 63 Years, Retired Grade-I Hindi Pandit, Presently R/o. Kasukuru Post, Ponnur Mandal, Guntur District --- Appellant and 1. Jangalapalli Saraswatamma, W/o. Mukteswara Rao, Jangalapalli Village via Solasa, Nadendla Mandal, Guntur District. 2. Jangalapalli Chitti Babu, S/o. Haranadha Babu Rao, Jangalapalli Village via Solasa, Nadendla Mandal, Guntur District. 3. Jangalapalli Naga Raju, S/o. Haranadha Babu Rao, Jangalapalli Village via Solasa, Nadendla Mandal, Guntur District. 4. The Chief Executive Officer, Zilla Praja Parishad, Guntur District. 5. The District Education Officer, Guntur, Guntur District. 6. Mandal Educational Officer, Yenlapadu Mandal, Guntur District. 7. Mandal Revenue Officer, Nadendla Mandal, Guntur District. 8. Accounts General, A.G.'s Office, Hyderabad --- Respondents Appeal Under Section_____against orders JS,J CMA No.1265/2008 2 IA No.1 of 2008 (CMAMP 2375 Of 2008): Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including disbursement of the pensionary benefits and other retirement benefits in respect of the deceased husband of the petitioner/appellant Late Sri Jangalapalli Haranadha Babu Rao, School Assistant, Mandal Parishad Upper Primary School, Kondaveedu, Yadlapadu Mandal, Guntur District, by suspending the operation of the order, dated 17.06.2008, passed in SOP.No.270/2004 by the learned 1st Additional District Judge, Guntur, pending disposal of the CMA. IA N.1 of 2025: Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass Decree in terms of the Memorandum of Compromise by setting aside the impugned Order dated 17.06.2008 passed by the Hon'ble I Additional District and Sessions Judge, at Guntur in S.O.P No.270 of 2004. Counsel for the Appellant : Sri Ghanta Sridhar Counsel for the Respondent Nos.2 & 3 : Smt. M. Siva Jyothi The Court made the following: JS,J CMA No.1265/2008 3 COMMON JUDGMENT: The present Civil Miscellaneous Appeal, under Section 384 of the Indian Succession Act, 1925 (for short, „the Act of 1925), is filed by the appellant challenging the Order, dated 17.06.2008, passed in S.O.P. No.270 of 2004 by the I Additional District and Sessions Judge, Guntur, whereby and whereunder the learned Additional District Judge dismissed the S.O.P. No.270 of 2004, filed under Section 372 of the Act of 1925, by the appellant herein seeking to issue a succession certificate in her favour in respect of the petition schedule property against the respondent Nos.1 to 3 herein, who are her mother-in-law and sons of Jangalapalli Haranadha Babu Rao, through his 1st wife, along with the departmental authorities. 2. Heard Sri Ghanta Sridhar, learned counsel for the appellant, and Smt. M. Siva Jyothi, learned counsel for the respondent Nos.2 and 3. 3. The case of the appellant, in brief, is that she is the widow and the 2nd wife of Late Haranadha Babu Rao (hereinafter referred to as „the deceased‟). Respondent No.1 is the mother of the deceased and respondent Nos.2 and 3 are the sons of the deceased born through his 1st wife viz., Lakshmi Kumari. The deceased married the appellant herein as her 2nd wife, after dissolution of his marriage with his 1st wife vide order, dated 21.08.1989, passed in H.M.O.P. No.95 of 1989 by the learned Principal Senior Civil Judge at Guntur. Respondent Nos.4 to 8 herein are the Government officials, being formal parties, and no JS,J CMA No.1265/2008 4 relief is sought against them. After the death of the deceased, Respondent No.3 herein being younger son of the deceased, got employment as Teacher on compassionate grounds but the death benefits of the deceased like family pension, G.P.F etc., are pending with the official respondents for want of succession certificate by the appellant. 4. However, the 1st respondent i.e., mother-in-law of the appellant died in 2016 and as such the Appeal against her was dismissed as abated on 13.04.2016. 5. During pendency of the Appeal before this Court, at the intervention of elders and well wishers of both the parties i.e., appellant and respondent Nos.2 and 3, both parties settled their disputes amicably and filed a Memorandum of Compromise entered in between them along with compromise petition vide I.A. No.1 of 2025. Learned counsel for both the parties requested this Court to record the compromise and dispose of the Appeal in terms thereof. 6. Today both the appellant and respondent Nos.2 and 3 are present before this Court. They produced their respective aadhar cards in proof of their identity. Learned counsel for the appellant and learned counsel for the respondent Nos.2 and 3 have identified both the parties in the open Court. This Court has questioned the appellant and respondent Nos.2 and 3 herein with regard to compromise and they categorically stated to that extent both the parties have voluntarily entered into the terms of compromise with JS,J CMA No.1265/2008 5 free volition. This Court is satisfied with identification of the parties and voluntariness in arriving at the compromise. 7. The terms of the compromise entered in between the parties are extracted hereunder: “V. Terms of Compromise: 1. Appellant and Respodnent Nos.2 and 3 shall share the family pension due from the date of death of deceased late Haranadh Babu Rao i.e., on 17.04.2003 till the end of August, 2025 in the ratio of 40% to the Appellant, and 30% each to the Respondent Nos.2 and 3 respectively. 2. Appellant and Respondent Nos.2 and 3 shall share the other death benefits of late Haranadha Babu Rao such as GPF, Gratuity, Group Insurance amounts, and other death benefits if any in the ratio of 40% to the Appellant, and 30% each to the Respondent Nos.2 and 3 respectively. 3. Appellant and Respondent No.2 consent for Respondent No.3 to take initiative for preparation and presentation of bills before the concerned authorities to draw family pension amount accrued till the end of August, 2025. 4. Appellant and Respondent Nos.2 and 3 shall cooperate with each other in preparation and presentation of bills by subscribing their signatures as and when required on necessary documents and shall not create any obstacles in encashment of the amounts due. JS,J CMA No.1265/2008 6 5. Appellant and Respondent Nos.2 and 3 shall bear the expenses that may be incurred for preparation and presentation of Bills proportionately as per the agreed shares. 6. Appellant shall draw the family pension amount due from the month of September, 2025 during her life time to which Respondent Nos.2 and 3 shall not may claim over the said drawn amounts, and further shall not make any objections or protests for drawing of the said family pension by the Appellant during her life time. 7. Appellant and Respondent Nos.2 and 3 shall cooperate with each other in filing applications for extension of Succession Certificate for the death benefits of Late Haranadha Babu Rao that are not reflected in the Petition Schedule if necessity arises in future, and on such filing, the Appellant and Respondent Nos.2 & 3 are entitled to the same in the ratio of 40% to the Appellant, and 30% each to the Respondent Nos.2 and 3 respectively, and the expenses in preferring the said Application shall be shared in the same ratio”. 8. In view of the aforesaid submission of the parties to the Appeal, I.A. No.1 of 2025 is ordered and C.M.A. No.1265 of 2008 is disposed of in terms of the Memorandum of Compromise, dated 20.11.2025, entered into by and between the parties. No order as to costs. JS,J CMA No.1265/2008 7 As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date:20.11.2025 DSH