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2017 Supreme(SC) 937

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
Prakash Soni – Appellant
Versus
Deepak Kumar – Respondent


Advocates Appeared:
For the Appellant: Pratibha Jain, Adv.
For the Respondents: Shakil Ahmed Syed, Adv.

JUDGMENT

Mohan M. Shantanagoudar, J.

This appeal arises out of the order dated 20.04.2006 passed by the High Court of Madhya Pradesh, Indore Bench in Civil Revision No. 63/2005, reversing the order dated 8.1.2005 passed by the Additional District Judge, Narsinghgarh, District Rajgarh, Madhya Pradesh in Civil Appeal No. 80-A/2004, consequently restoring the order dated 11.07.2002 passed by the Court of the Civil Judge, Class-I, Narsinghgarh, District Rajgarh, Madhya Pradesh in Succession Case No. 3/2002.

2. Brief facts leading to this appeal are, that the appellant herein is the husband of Srimati Mooli Swarnkar, who was working as an Assistant Teacher in Government Girls Higher Secondary School Narsinghgarh, District Rajgarh, Madhya Pradesh; Srimati Mooli Swarnkar died on 18.11.2001, on account of liver cancer and disease of Hepatitis `B'. The married couple, i.e, the appellant and his wife - Srimati Mooli Swarnkar did not have any issue, and hence the appellant being her husband and as her only successor claimed to be entitled to receive the retiral benefits, such as, Pension, G.P.F., Death-cum-Retirement Gratuity, Family Welfare Fund, Group Insurance Scheme account etc.

Hence, the ap









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