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2026 DAILYLAW 6546 (AP)

KANKIPATI KRISHNA KUMARI @ PRASANTHI v. KANKIPATI SURYA KUMARI

CRP/688/2026 · 2026-07-16

K Sreenivasa Reddy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010111282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 17th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CIVIL REVISION PETITION NO: 688/2026 Between: 1. KANKIPATI KRISHNA KUMARI @ PRASANTHI, W/O. LATE KAKIPATI BENHAR @ RAMA RAO, AGED ABOUT 59 YEARS, R/O.DR.NO.3D- 12-24, 19TH DIVISION, ARUNDHATIPETA, ELURU, ELURU DISTRICT. 2. 2. KANKIPATI VIJAYASRI, D/O. LATE KAKIPATI BENHAR @ RAMA RAO, AGED ABOUT 41 YEARS, R/O.DR.NO.3D-12-24, 19TH DIVISION, ARUNDHATIPETA, ELURU, ELURU DISTRICT ...PETITIONER(S) AND 1. KANKIPATI SURYA KUMARI, W/O. LATE RAMA RAO @ BENHAR, HINDU, AGED ABOUT 53 YEARS, R/O.DR.NO.6-25, RAJAVARAM, KOYYALAGUDEM MANDAL, WEST GODAVARI DISTRICT. 2. KANKIPATI SRIDEVI, W/O. RAMA KRISHNA, HINDU, AGED ABOUT 38 YEARS, R/O.DR.NO.6-25, RAJAVARAM, KOYYALAGUDEM MANDAL, WEST GODAVARI DISTRICT. 3 3. KANKIPATI PRASANTH, S/O. LATE RAMA RAO @ BENHAR, HINDU, AGED ABOUT 33 YEARS, R/O.DR.NO.6-25, RAJAVARAM, KOYYALAGUDEM MANDAL, WEST GODAVARI DISTRICT. 4. ANDRU ARUNA KUMARI ALIAS KANKIPATI ARUNA KUMARI, D/O. MANGAMMA, HINDU, AGED ABOUT 53 YEARS, R/O.DR.NO.11-4- 102, UPPALMETTA, JANGAREDDIGUDEM, JANGAREDDIGUDEM MANDAL, WEST GODAVARI DISTRICT. 2 SRK, J CRP.No.688 of 2026 5. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU. 6. THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, WEST GODAVARI DISTRICT, ELURU. 7. THE DISTRICT EDUCATION OFFICER, WEST GODAVARI DISTRICT, ELURU. 8. THE HEAD MASTER, Z.P HIGH SCHOOL, LAKKAVARAM. 9. THE BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA, JANGAREDDUIGUDEM. 10. THE ACCOUNT AUDITOR GENERAL, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to Aggrieved by the docket order Dt.27.01.2026 made in I.A.No. 1989/2025 in A.S.No.143/2025 on the file of the court of The IX Addl. District Judge, West Godavari at Kovvur in not extending the interim order granted on 19.01.2026 and the order Dt.30.01.2026 in posting the matter to 23.02.2026 in regard to the disbursement of the terminal benefits of the deceased employee Sri Kankipati Benhar @ Rama Rao the above named petitioners humbly beg to present this Memorandum of Civil Revision Petition for the following among other grounds that may be urged at the time of hearing. IA NO: 1 OF 2026 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 direct the respondents 5 to 10 to not to disburse the terminal benefits, pensionary benefits of the deceased employee Sri Kankipati Benhar @ Rama Rao, pending disposal of A.S.No.143/2025 on the file of the court of the IX Addl. District Judge, West Godavari @ Kovvur and to pass IA NO: 2 OF 2026 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 May be pleased to extend the interim order passed by this Hon’ble Court in 3 SRK, J CRP.No.688 of 2026 CRP. No. 688 OF 2026, dated 06.05.2026 until further orders in the interest of justice and to pass Counsel for the Petitioner(S): 1. UDAY KUMAR VAMPUGADAVALA Counsel for the Respondent(S): 1. K SUBRAHMANYAM 2. PATHURI SRINIVAS The Court made the following: 4 SRK, J CRP.No.688 of 2026 O R D E R The present Civil Revision Petition has been filed challenging the docket Order dated 27.01.2026 passed in I.A.No.1989 of 2025 in A.S.No.143 of 2025 on the file of the IX Additional District Judge, West Godavari at Kovvur, in not extending the interim order granted on 19.01.2026 in regard to the disbursement of the terminal benefits of the deceased employee, Sri Kankipati Benhar @ Rama Rao, and the Order dated 30.01.2026 in posting the matter to 23.02.2026. 2. Heard learned counsel for the petitioners and learned counsel for the respondents. 3. The petitioners filed O.S.No.177 of 2016 on the file of the learned Principal Civil Judge (Senior Division), Kovvur, seeking a decree declaring that petitioner No.1/plaintiff No.1 is the legally wedded wife, and petitioner No.2/plaintiff No.2 is the only legitimate daughter, of deceased Kankipati Benhar @ Rama Rao, and consequently declaring that they alone are entitled to receive thd death benefits, pensionary benefits, insurance amounts, and appointment on compassionate grounds in accordance with the applicable rules on account of the death of said person, and for a consequential decree of permanent injunction restraining the respondents 5 to 10/defendants 5 to 10 from releasing or disbursing any death benefits, pensionary benefits, insurance amounts or providing appointment on compassionate grounds to respondents 1 to 4/defendants 1 to 4, and a decree declaring that the Award 5 SRK, J CRP.No.688 of 2026 passed by the Lok Adalat, Kovvur in L.A.No.432 of 2014 in O.S.No.80 of 2014 obtained by them as null and void. By judgment dated 03.11.2025, the learned Principal Civil Judge (Senior Division) dismissed the suit concluding that 4th defendant is the only legally wedded wife of the deceased Benhar @ Rama Rao and, therefore, she alone is entitled to all the benefits arising out of his service, including pensionary benefits, death benefits and other entitlements under law. It is further observed that the alleged relationship between the deceased Benhar and 1st plaintiff or 1st defendant, was not established in the eye of law and stood denied. 4. Against the said judgment and decree, the petitioners filed A.S.No.143 of 2025 on the file of the IX Additional District Judge, West Godavari at Kovvur. They filed I.A.No.1989 of 2025 in the said appeal, seeking to grant interim injunction restraining respondents 5 to 10 from paying the petition schedule benefits to 4th respondent pending disposal of the said appeal. The appellate Court, vide Order dated 06.01.2026, granted ad interim order of status quo with regard to death benefits, pensioner benefits and insurance claims of the deceased, and the said order was being extended from time to time till 27.1.2026. On 27.01.2026, the matter was suo motu reopened, as it was noticed that the long and short cause title of respondent No.10 in the main appeal suit and in the present interlocutory application differs, and the matter was posted to 30.01.2026 for hearing on the discrepancy, without extendng the status quo order. On 30.01.2026, the matter was posted to 23.02.2026, as steps were being taken for amending the cause title to rectify 6 SRK, J CRP.No.688 of 2026 the said discrepancy, but the status quo order was not extended. Aggrieved by the same, the present revision came to be filed. 5. The learned counsel appearing for the petitioners submits that the alleged discrepancy is with regard to location of the office of the office of the Accountant and Auditor General, Government of Andhra Pradesh, which was earlier situated at Hyderabad, and pursuant to the bifurcation of the State, office of the respondent No.10 was shifted to Vijayawada, and in connection therewith, the discrepancy occurred at the earlier point of time. It is submitted that now, that and interlocutory application has been filed to amend the same and the same is pending. 6. In view of the above, the learned IX Additional District Judge, West Godavari at Kovvur is directed to dispose of the interlocutory application within a period of four (04) weeks from the date of receipt of copy of this order, and thereafter shall deal with I.A.No.1989 of 2025, and till such time, status quo granted by this Court on 05.03.2026 shall remain in force. 7. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Civil Revision Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 17.07.2026 Pmk 7 SRK, J CRP.No.688 of 2026 200 HON’BLE SRI JUSTICE K. SREENIVASA REDDY C.R.P. No:688 of 2026 Date: 17.07.2026 Pmk