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2008 Supreme(Ori) 157

SANJU PANDA
Jyotsnarani Padhi – Appellant
Versus
Susila Padhi – Respondent


Advocates:
For Petitioners:M/s. P. V. Ramdas and P. V. Balakr¬ishna
For Opp. Parties 1 and 2:M/s. A. R. Dash, M. C. Swain, N. Swain, S. N. Sahoo, R. K. Patnaik, S. K. Nanda

JUDGMENT

SANJU PANDA, J. — This Civil Revision is directed against the order dated 7.7.2007 passed by the learned Civil Judge (Senior Division), Bhanjanagar in C.S. No.42 of 2006.

2. Petitioners are defendant Nos.1 to 4 in the suit filed by the plaintiff-opposite party Nos.1 and 2 for a declaration that they are the wife and daughter of late Subash Chandra Padhi. Said Subash Chandra Padhi died on 13.12.2005 while he was in service. Since they are legal heirs-cum-successors of Subash Chandra Padhi, they are entitled to receive all the dues i.e. salary amount, GPF, gratuity, family pension etc. In the plaint, they have specifically stated that during the lifetime of Subash Chandra Padhi, he was not pulling on well with the plaintiffs for which they were living separately. Subash Chandra Padhi was paying maintenance to them as per the order passed by the learned S.D.J.M., Bhanjanagar vide Misc. Case No.101 of 1988 in a proceed¬ing under Section 125 Cr.P.C. They have further pleaded that after the death of Subash Chandra Padhi, they applied to the Tahasildar, Bhanjanagar for legal heir certificate. Since the Tahasildar, Bhanjanagar turned down the said application of the plaintiffs on







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