Bandi Mohan Rao Vs The Official Trustee of Tamil Nadu — Madras HC (2025) — LawSathi Research

Bandi Mohan Rao Vs The Official Trustee of Tamil Nadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the applicants to withdraw their respective shares of the deposited sale proceeds; learned AG&OT to effect payment after collecting the address and identity proof of the sharers and verifying identities, with personal appearance dispensable by a sworn affidavit attested by a Notary.

Issue for consideration

Whether the applicants, claiming as legal heirs of the deceased defendants (Late B.Shakunthala, 14th Defendant; Late P.Parvathi alias Parvathy), are entitled to withdraw their respective shares of the amounts deposited by the purchasers on 22/04/2019 pursuant to the order dated 18/11/2010 in C.S.No.1176 of 2008. +1 more

¶PRAYER - A No. 728 of 2025

Court's answer

All the applications seeking permission to withdraw the applicants' respective shares of the deposited amounts are ordered (allowed), with directions to the learned AG&OT regarding collection of particulars and verification of identity of the sharers.

Ratio / Principle

The learned AG&OT is directed to collect particulars of the sharers, namely the address and identity proof of the individuals.

Key takeaways

The applicants are directed to be present along with their counsel before the learned AG&OT to identify one another, and the learned AG&OT is authorised to verify the identity of persons by getting documents.ratio¶ORDER (6)
Any one or a few of the parties are permitted to seek dispensation of their personal appearance for reasons, by filing a sworn affidavit attested by a Notary.ratio¶ORDER (6)

Detailed headnote1 paragraphs

High Court of Judicature at Madras (S.S. Sundar J., 27-02-2025) ordered A Nos. 728, 729, 730, 731, 732, 733, 734 and 735 of 2025, applications by legal heirs/sharers in the pending suit C.S.No.1176 of 2008 (Seethamma Trust matter) seeking withdrawal of their shares of the sale proceeds deposited by the purchasers on 22/04/2019 pursuant to the order dated 18/11/2010 in the suit. Per the report filed by the learned Administrator General & Official Trustee pursuant to this Court's order dated 20.02.2025, the property was sold for Rs.1,60,00,000/-; after deducting Rs.2,72,800/- towards advertisement and other charges, Rs.1,57,27,200/- is available for distribution among eleven sharers as per the table indicating each sharer's entitlement and proportionate quantum; the 2nd plaintiff Mr.Sathyanarayana had already received Rs.4,91,475/- as per order dated 04.11.2022. Because the AG&OT raised an issue regarding the identity of parties owing to inconsistency in the names of some sharers, the Court directed the AG&OT to collect the address and identity proof of the sharers, directed the applicants to appear before the AG&OT with their counsel to identify one another, authorised the AG&OT to verify identity through documents, and permitted any party to seek dispensation of personal appearance by filing a sworn affidavit attested by a Notary.

A No. 728 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR

A No. 728 of 2025

AND

A NO. 735 OF 2025,CS NO. 1176 OF 2008,A NO. 729 OF 2025,A NO. 730 OF 2025,A NO. 734 OF 2025,A NO. 731 OF 2025,A NO. 732 OF 2025,A NO. 733 OF 2025

Bandi Mohan Rao

S/o.Late Bandi Prakash Rao, Door No.3-40, Rajeev Nagar, Yendada, Visakhapuram. and 2 Others

2. Uppuluri Girija

D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam.

3. Pasupuleti Nageswari

D/o.Late Bandi Prakash Rao, W/o.Pasupuleti Venkata Pydiraju, Door No.27-10-11/4, Spring Road, Viskhapatnam.

Applicant(s)

Vs

The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu.

Respondent(s)

A No. 735 of 2025

Battula Santhakumari No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

2.Karri Prameela D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam. 3.Bandi Mohan Prasad S/o.Late Bandi Prakash Rao, Door No.27-1011/4, Spring Road, Viskhapatnam. Applicant(s) Vs 1. The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu. Respondent(s) CS No. 1176 of 2008 1. S.DAMOTHARAN and another 2.S.Sathiyanarayana Applicant(s) Vs 1. SEETHAMMA TRUSTs REP. BY ITS BOARD OF TRUSTEES, THROUGH ITS PRESIDENT MR.V.N.DAMANI and 16 others 2.V.N.Damani No.2, Angalamman Koil Street, Pattalam, Chennai - 12. 3.Lala Sasilendrakumar No.2, Angalamman Koil Street, Pattalam, Chennai - 12. 4.K.Kannabiran No.2, Angalamman Koil Street, Pattalam,

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

Chennai - 12.

5.Labakaran Sethia

No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

6.N.V.Damodaran

No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

7.Mrs.Hemavathi

W/o.Ramprasad, No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

8.Mrs.Prabhavathy

W/o.S.Ranga Rao, No.4/31, S.A.Flats, 3rd Main Road, Royala Nagar, Ramavaram, Chennai - 89.

9.Mrs.B.Ravanamma W/o.B.Govinda Raj, C/o.N.V.V.Sathyanarayana, 1st Division, Pensioners Lane, Eluru534001.Andhrapradesh

10.N.Rajeswari

D/o.B.Govindaraj, C/o.Shamla Begum, 1st Division, Pensioners Lane, Eluru-534001. Andhra Pradesh

11.Mr.B.Malleswara Rao

S/o.B.Govindaraj, Thangellamudi, 18th Division, Eluru-534001.Andhrapradesh

12.Smt.P.Padmavathi

D/o.B.Kamalamma, No.49-45-12/2, N.T.College Road, Akkayya Palem, Visakhapatnam - 530016.

13.Smt.P.Parvathy

D/o.B.Kamalamma, No.27-10-9, Spring

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

Road, Subbalakshmi Complex, Visakhapatnam-530002.

14.M/s.B.Shakunthala W/o.B.Prakash Rao, No.27-10-9, Spring Road, Subbalakshmi Complex, Visakhapatnam - 530002. 15.C.H.Ramalakshmi D/o.B.Parthasarathi, 4-20-9, Alcot Garden, Trinath Street, Rajah Mundry, Andhrapradesh 16.V.Chaya Lakshmi D/o.B.Parthasarathi, No.36-94-289/11, Pedakothuru, Kanchera Palem, Visakhapatnam - 533008. 17.S.Sarojini W/o.S.Chitti Babu, No.5/2, Bushanam Street, Ayanavaram, Chennai - 23. Respondent(s) A No. 729 of 2025 1. Bandi Lakshmi W/o.Late Bandi Venkata Rao, Door No.4-31, Rajeev Nagar, Yandada, Visakhapatnam. 2.Karri Prameela D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam. 3.Bandi Mohan Prasad S/o.Late Bandi Prakash Rao, Door No.27-1011/4, Spring Road, Viskhapatnam. Applicant(s) Vs 1. The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu.

Respondent(s)

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

Respondent(s)

A No. 730 of 2025 1. Pasupuleti Venkata Pydiraju W/o.Late Bandi Venkata Rao, Door No.4-31, Rajeev Nagar, Yandada, Visakhapatnam. 2.Pasupuleti Tirumala Varaja Mohan D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam. 3.Pasupuleti Benna Lingeswara Rao S/o.Late Bandi Prakash Rao, Door No.27-1011/4, Spring Road, Viskhapatnam. Applicant(s) Vs 1. The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu. Respondent(s) A No. 734 of 2025 1. Pusala Ganga Bhavani No.2, Angalamman Koil Street, Pattalam, Chennai - 12. 2.Karri Prameela D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam. 3.Bandi Mohan Prasad S/o.Late Bandi Prakash Rao, Door No.27-1011/4, Spring Road, Viskhapatnam. Applicant(s) Vs 1. The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu.

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

Respondent(s)

A No. 731 of 2025 1. Pasupuleti Varalakshmi No.2, Angalamman Koil Street, Pattalam, Chennai - 12. 2.Karri Prameela D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam. 3.Bandi Mohan Prasad S/o.Late Bandi Prakash Rao, Door No.27-1011/4, Spring Road, Viskhapatnam. Applicant(s) Vs 1. The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu. Respondent(s) A No. 732 of 2025 1. Konga Lakshmi No.2, Angalamman Koil Street, Pattalam, Chennai - 12. 2.Karri Prameela D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam. 3.Bandi Mohan Prasad S/o.Late Bandi Prakash Rao, Door No.27-1011/4, Spring Road, Viskhapatnam. Applicant(s) Vs 1. The Official Trustee of Tamil Nadu O/o.The Administrative General Official

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

Trustee of Tamil Nadu.

Respondent(s)

A No. 733 of 2025

S.V.Prakash Rao No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

2.Karri Prameela

D/o.Late Bandi Prakash Rao, Door No3-48, Shanthi Nagar Yendada Visakhapatnam.

3.Bandi Mohan Prasad S/o.Late Bandi Prakash Rao, Door No.27-1011/4, Spring Road, Viskhapatnam.

Applicant(s)

Vs

The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu.

Respondent(s)

A No. 728 of 2025

PRAYER

To grant permission to the 1st applicant Bandi Mohan Rao herein to withdraw his share of Rs.1,25,000/- along with 2nd applicant Mrs.Uppuluri Girija share of Rs.1,25,000/- and 3rd applicant Pasupuleti Nageswaris share amount of Rs.1,25,000/- in all total claim amount of Rs.3,75,000/- as the legal heirs of Late B.Shakunthala (the 14th Defendant) who is entitled Rs.5,00,000/- being her 1/4th share which was deposited by the purchasers on 22/04/2019, and the said total claim amount of Rs.3,75,000/- be paid to the 1st applicant herein as per the order dated 18/11/2010 in C.S.No.1176/2008.

A No. 735 of 2025

PRAYER

To grant permission to the 1st applicant Pasupuleti Varalakshmi herein to withdraw his share of Rs.1,25,000/- (as Rs.41,666/- the share of 1st Applicant and Rs.41,667/- the share of 2nd applican and Rs.41,667/- the share of 3rd applicant herein) being their 3/4th share in 1/4th share of Late P.Parvathi alias parvathy the 3th Defendant Total original 1/4h share of

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

Rs.5,00,000/- which was deposited by the purchasers on 22/04/2019 and the said total claim amount of Rs.1,25,000/- be paid to the 1st applicant herein as per the order dated 18/11/2010 in C.S.No.1176 of 2008.

CS No. 1176 of 2008

PRAYER

a) Directing the 1st Defendant to sell the schedule mentioned properties divide the sale consideration into two equal moieties and allot one moiety to the first defendant and one moiety for the benefit of the legal heirs of the deceased Seethamma and to be shared by them, namely the plaintiffs and Defendants 7 to 17.

A No. 729 of 2025

PRAYER

To grant permission to the 1st applicant Bandi Lakshmi herein to withdraw his share of Rs.41,666/- along with 2nd applicant Mr.Bandi Mohan Prasad share of Rs.41,667/- and 3rd applicant Karri prameelas share amount of Rs.41,667/- in all total claim amount of Rs.1,25,000/- as the legal heirs of Late B.Shakunthala (the 14th Defendant) who is entitled Rs.5,00,000/- being her 1/4th share which was deposited by the purchasers on 22/04/2019, and the said total claim amount of Rs.1,5,000/- be paid to the 1st applicant herein as per the order dated 18/11/2010 in C.S.No.1176/2008.

A No. 730 of 2025

PRAYER

To grant permission to the 1st applicant Pasupuleti Venkata Pydiraju herein to withdraw his share of Rs.1,25,000/- along with 2nd applicant Mr.Pasupuleti Tirumala Varaha Mohans 1/4th share of Rs.1,25,000/- and 3rd applicant Pasupuleti Beena Lingeswara Rao 1/4th share amount of Rs.1,25,000/- in all total claim amount of Rs.5,00,000/- bearing original 1/4th share of Late P.Parvathi Alias Parvaty, which was deposited by the purchasers on 22/04/2019 and the said total claim amount of Rs.5,00,000/- be paid to the 1st Applicant herein as per the order dated 18/11/2010 in C.S.No.1176 of 2008.

A No. 734 of 2025

PRAYER

To grant permission to the 1st applicant Pasupuleti Varalakshmi herein to withdraw his share of Rs.1,25,000/- (as Rs.41,666/- the share of 1st Applicant and Rs.41,667/- the share of 2nd applican and Rs.41,667/- the share of 3rd applicant herein) being their 3/4th share in 1/4th share of Late P.Parvathi alias parvathy the 3th Defendant Total original 1/4h share of Rs.5,00,000/- which was deposited by the purchasers on 22/04/2019 and the said total claim amount of Rs.1,25,000/- be paid to the 1st applicant herein as per the order dated 18/11/2010 in C.S.No.1176 of 2008.

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

A No. 731 of 2025

PRAYER

To grant permission to the 1st applicant Pasupuleti Varalakshmi herein to withdraw his share of Rs.1,25,000/- (as Rs.41,666/- the share of 1st Applicant and Rs.41,667/- the share of 2nd applican and Rs.41,667/- the share of 3rd applicant herein) being their 3/4th share in 1/4th share of Late P.Parvathi alias parvathy the 3th Defendant Total original 1/4h share of Rs.5,00,000/- which was deposited by the purchasers on 22/04/2019 and the said total claim amount of Rs.1,25,000/- be paid to the 1st applicant herein as per the order dated 18/11/2010 in C.S.No.1176 of 2008.

A No. 732 of 2025

PRAYER

To grant permission to the 1st applicant Pasupuleti Varalakshmi herein to withdraw his share of Rs.1,25,000/- (as Rs.41,666/- the share of 1st Applicant and Rs.41,667/- the share of 2nd applican and Rs.41,667/- the share of 3rd applicant herein) being their 3/4th share in 1/4th share of Late P.Parvathi alias parvathy the 3th Defendant Total original 1/4h share of Rs.5,00,000/- which was deposited by the purchasers on 22/04/2019 and the said total claim amount of Rs.1,25,000/- be paid to the 1st applicant herein as per the order dated 18/11/2010 in C.S.No.1176 of 2008.

A No. 733 of 2025

PRAYER

To grant permission to the 1st applicant Pasupuleti Varalakshmi herein to withdraw his share of Rs.1,25,000/- (as Rs.41,666/- the share of 1st Applicant and Rs.41,667/- the share of 2nd applican and Rs.41,667/- the share of 3rd applicant herein) being their 3/4th share in 1/4th share of Late P.Parvathi alias parvathy the 3th Defendant Total original 1/4h share of Rs.5,00,000/- which was deposited by the purchasers on 22/04/2019 and the said total claim amount of Rs.1,25,000/- be paid to the 1st applicant herein as per the order dated 18/11/2010 in C.S.No.1176 of 2008.

A No. 728 of 2025

For Applicant(s): M/s.K.Ravikumar S.Ananda Kumar S.Sathish Kumar R.Sai Manohar U.Sathishwaran For Respondent(s): The Administrator General Of Tamil Nadu

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

ORDER

(1) This Court, vide order dated 20.02.2025 directed the learned AG&OT to file a report towards sale of properties.

(2) Today, a report has been filed indicating that the property had been sold for a

consideration of Rs.1,60,00,000/- and a sum of Rs.2,72,800/- had been spent towards advertisement and other charges. Deducting expenses incurred by learned AG&OT, a sum of Rs.1,57,27,200/- is available to be distributed among the persons who are entitled to share.

(3) A Table is given indicating the amount that is payable to eleven sharers. The entitlement of each sharer and the quantum proportionate to the share is indicated in the table.

(4) The 2nd plaintiff by name Mr.Sathyanarayana who is the applicant in A.No.735/2025 has received his share of Rs.4,91,475/- as per the order dated 04.11.2022. Apart from disbursement of the individuals, learned AG&OT while indicating that the amount would be paid to all the persons, has raised an issue regarding identity of parties in view of the inconsistency in the names of some of the sharers.

(5) Therefore, learned AG&OT is directed to collect particulars of the sharers namely,

the address and identity proof of individuals.

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

(6) The applicants are directed to be present along with their counsel before the learned

AG&OT to identify one another. While the learned AG&OT is now authorised to

verify the identity of persons by getting documents, anyone or a few of the parties

are also permitted to seek dispensing with their personal appearance for reasons by

filing a sworn affidavit attested by a Notary.

(7) With the above directions, the applications are ordered.

AP

27-02-2025

A No. 728 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official

Trustee of Tamil Nadu.

A No. 735 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu.

CS No. 1176 of 2008

To

1.SEETHAMMA TRUSTs REP. BY ITS BOARD OF TRUSTEES, THROUGH ITS PRESIDENT

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

MR.V.N.DAMANI and 16 others

2.V.N.Damani

No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

3.Lala Sasilendrakumar

No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

4.K.Kannabiran

No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

5.Labakaran Sethia

No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

6.N.V.Damodaran

No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

7.Mrs.Hemavathi

W/o.Ramprasad, No.2, Angalamman Koil Street, Pattalam, Chennai - 12.

8.Mrs.Prabhavathy

W/o.S.Ranga Rao, No.4/31, S.A.Flats, 3rd Main Road, Royala Nagar, Ramavaram, Chennai - 89.

9.Mrs.B.Ravanamma W/o.B.Govinda Raj, C/o.N.V.V.Sathyanarayana, 1st Division, Pensioners Lane, Eluru534001.Andhrapradesh

10.N.Rajeswari

D/o.B.Govindaraj, C/o.Shamla Begum, 1st Division, Pensioners Lane, Eluru-534001. Andhra Pradesh

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

11.Mr.B.Malleswara Rao S/o.B.Govindaraj, Thangellamudi, 18th Division, Eluru-534001.Andhrapradesh

12.Smt.P.Padmavathi D/o.B.Kamalamma, No.49-45-12/2, N.T.College Road, Akkayya Palem, Visakhapatnam - 530016.

13.Smt.P.Parvathy D/o.B.Kamalamma, No.27-10-9, Spring Road, Subbalakshmi Complex, Visakhapatnam-530002.

14.M/s.B.Shakunthala W/o.B.Prakash Rao, No.27-10-9, Spring Road, Subbalakshmi Complex, Visakhapatnam - 530002.

15.C.H.Ramalakshmi D/o.B.Parthasarathi, 4-20-9, Alcot Garden, Trinath Street, Rajah Mundry, Andhrapradesh

16.V.Chaya Lakshmi D/o.B.Parthasarathi, No.36-94-289/11, Pedakothuru, Kanchera Palem, Visakhapatnam - 533008.

17.S.Sarojini

W/o.S.Chitti Babu, No.5/2, Bushanam Street, Ayanavaram, Chennai - 23.

A No. 729 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official Trustee of Tamil Nadu.

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

A No. 730 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official

Trustee of Tamil Nadu.

A No. 734 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official

Trustee of Tamil Nadu.

A No. 731 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official

Trustee of Tamil Nadu.

A No. 732 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official

Trustee of Tamil Nadu.

A No. 733 of 2025

To

1.The Official Trustee of Tamil Nadu O/o.The Administrative General Official

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

Trustee of Tamil Nadu.

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

https://www.mhc.tn.gov.in/judis

A No. 728 of 2025

S.S.SUNDAR J.

AP

A No. 728 of 2025 AND A NO. 735 OF 2025,CS NO. 1176 OF 2008,A NO. 729 OF 2025,A NO. 730 OF 2025,A NO. 734 OF 2025,A NO. 731 OF 2025,A NO. 732 OF 2025,A NO. 733 OF 2025

27-02-2025

https://www.mhc.tn.gov.in/judis