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2023 Supreme(Kar) 130

C. M. JOSHI
Gangamma W/o. Gurupadappa Swadi – Appellant
Versus
Pratibha W/o. Late Nagappa Swadi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Shivanand Patil.

ORDER :

1. This civil revision petition is filed under Section 115 of CPC by the respondents in P & SC No.33/2009 assailing the judgment in Misc. Appeal No.3/201 passed by the IV Additional District Judge, Gulbarga dated 16.09.2011 and the order dated 31.01.2011 in P & SC No.33/2009 by the III Additional Civil Judge (Jr.Dn.) Gubarga, whereby Succession Certificate was granted to the petitioners therein.

2. For the sake of convenience, the parties will be referred to as per their status before the trial Court.

3. The brief facts are as below :

    (i) The petitioners, who are the respondents herein, are the wife and son of the deceased Nagappa. Respondents, who are the revisions petitioners herein are father and mother of said Nagappa. The said Nagappa was working as SDA at Sangameshwar Hospital. Petitioners had separated from respondents and they were residing in separate house along with the said Nagappa. Nagappa expired on 07.11.2008 and the petitioners being Class-I heirs are entitled to receive the entire service benefits of the deceased Nagappa. As such they approached the employers of Nagappa. The employers demanded a Succession Certificate and as such the P & SC No.33/2009 came to b

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