JUDGMENT :

HIMA KOHLI, J.

1. Leave granted.

2. The appellants are aggrieved by the order dated 25th June, 2013, passed by the High Court of Karnataka Circuit Bench at Dharwad whereby the Regular Second Appeal¹ [Regular Second Appeal No. 6079 of 2010 (DEC)] filed by them against the judgment and decree dated 16th September, 2010, passed by the Principal District and Sessions Judge, Belgaum² [Regular Appeal No. 70 of 2008], has been dismissed. Vide judgment dated 16th September, 2010, the learned Principal District Judge reversed the judgment and decree dated 22nd December, 2007, passed by the learned Civil Judge (Senior Division) Chikodi³ [In Original Suit No. 73/05] whereunder the suit instituted by the appellants for seeking a declaration to the effect that the appellant no. 1 was the legally wedded wife of Late Subedar Pundalik Bhave⁴ [for short “Late Subedar Bhave”] and the appellants no. 2 and 3 are their legitimate children, was decreed in their favour and it was held that they were entitled to the pensionary benefits payable by the respondents herein and standing in the name of the deceased Subedar Bhave.

3. Facts necessary for the elucidation of the controversy at hand are as fo