( 1 ) WHEN the vacate petition is taken up for hearing both the parties requested to dispose of the main appeal. At their request, cma itself is taken up for hearing. Heard both sides.

( 2 ) THE unsuccessful petitioner in the court below preferred this CMA against the order and decree dated 06-10-2004 passed in O. P. No. 373 of 2001 by the I Additional district Judge, Karimnagar.

( 3 ) THE relevant facts shorn of details for disposal of appeal lies in a narrow compass and briefly stated as under: the petitioner is undisputedly first wife of the deceased Mylarapu Rayamallu who was an employee of Singareni Collieries company Limited, Godavarikhani till his death on 21-12-1997. He left behind the appellant/petitioner and his mother, who died on 08-07-2001. On the death of Rayamallu, appellant/petitioner approached the controlling Authority under Payment of gratuity Act for payment of gratuity amount in Claim Application No. 20/99 and the same was adjudicated in favour of the appellant/ petitioner against which 1st respondent herein filed appeal before the appellate authority. Pending the same 1st respondent also filed a suit-O. S. No. 73 of 1999 before the Junior Civ