IN THE HIGH COURT OF JHARKHAND AT RANCHI S.A. No. 192 of 2019 Sudamia Devi, aged about 59 years, wife of late Chhotelal Das, resident of Zero seem, Tetulmari Colliery, P.O. Sijua, P.S. Tetulmari, District Dhanbad … … /Defendant/Appellant Versus

1. Urmila Devi @ Dhano Devi wife of late Chhotelal Das

2. Sanjay Kumar son of late Chhotelal Das

3. Dhananjay Kumar son of late Chhotelal Das, All are permanent resident of Village Kansula, Beldar Bigha, P.O. Ratnni Bazar, P.S. Sakurabad, Dist. Jehanabad, State Bihar, All are presently at near Bank of India, Tetulmari Branch, P.O. Sijua (Chandore) P.S. Tetulmari, District Dhanbad … Plaintiff/Respondents

4. The Chairman-cum-Managing Director , M/s. Bharat Coking Coal Limited, Dhanbad having office at P.O. + P.S. Koyala Nagar, District Dhanbad

5. The Project Officer, Tetulmari Colliery, Sijua Area No. V, M/s Bharat Coking Coal Limited, P.O. + P.S. Sijua, District Dhanbad

6. The Branch Manager, Life Insurance Corporation of India, Branch Katrasgarh, P.O. + P.S. + Dist. Dhanbad

7. The Branch Manager, Life Insurance Corporation of India, Branch Katrasgarh, P.O. + P.S., Jharia, Dist. Dhanbad … Defendants/Respondents With M.A. No. 361 of 2014 Urmila Devi @ Dhano Devi, widow of Late Chotelal Das, R/o Kansoba, Beldarbigha, P.O. Ratnibazar, P.S. Kurtha, Dist. Jahanabad, Bihar, at present Tetulmari Colliery, Zero Sim, Post. Sijua, P.S.

Tetulmari, Dist. Dhanbad … Appellant/Intervenors Versus

1. Smt. Sudamia Devi, widow of Late Chotelal Das, R/o Kansoba, Beldarbigha, P.O. Ratnibazar, P.S. Kurtha, Via-Sakurabad, Dist. Jahanabad, Bihar at present Tetulmari Colliery, Zero Sim, Post- Sijua, P.S. Tetulmari, Dist. Dhanbad

2. Rakesh Kumar

3. Rahul Kumar No. 2 and 3, minor sons of late Chotelal Das, appearing through their natural guardian and mother No. 1, R/o Kansoba, Beldarbigha, P.O. Ratnibazar, P.S. Kurtha, Via- Sakurabad, Dist. Jahanabad at present Tetulmari Colliery, Zero Sim, Post Sijua, P.S. Tetulmari, Dist.

Dhanbad … … Respondents/applicants

4. Rina Devi, W/o Sri Anil Nishad, D/o Late Chotelal Das R/o Bhati Sadiquepur, P.O. Gulzarbag, P.O. and P.S. Gulzarbag, District Patna, Bihar

5. Sanjay Kumar

6. Dhananjay Kewat Both sons of Late Chotelal Das, R/o Kansoba, Beldarbigha, P.O.

Ratnibazar, P.S. Kurtha, Dist. Jahanabad, Bihar … … Respondents/Opp. Parties

7. General Public of Tetulmari Colliery, Zero Sim, Post Sijua, P.S.

Tetulmari, Dist. Dhanbad

8. General Public of Kansoba, Beldarbigha, P.O. Ratnibazar, P.S.

Kurtha, Via-Sakurabad, Dist. Jahanabad, Bihar … .. Respondents/Opp. Parties ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---

For the Appellants : Mr. Navneet Toppo, Advocate Mr. Anil Kumar Singh, Advocate (In S.A. No. 192 of 2019)

Mr. Sheo Kumar Singh, Advocate (In M.A. No. 361 of 2014)

For the Resp. (1-4) : Mr. Navneet Toppo, Advocate Mr. Saurav Mahto, Advocate (In M.A. No. 361 of 2014)

For the Resp. (1,2,3) Mr. Sheo Kumar Singh, Advocate (In S.A. No. 192 of 2019)

---

08/08.01.2025 Heard the learned counsels appearing on behalf of the parties.

2. Learned counsel Mr. Navneet Toppo has joined the proceeding online.

3. Second Appeal No. 192 of 2019

4. Learned counsel for the appellant has submitted that the appellant was defendant no. 1 before the learned Trial Court and is only concerned with issue no. 8 and 9 as framed by the learned Trial Court with regard to grant of permanent injunction, whereby the defendant no. 1 has been restrained from receiving any death benefits amount of service of Late Chhote Lal Das and defendant nos. 2,3,4 and 5 have been restrained from making any payment to defendant no. 1. He has submitted that not only the issue no. 8 has been decided by the court but there is also a direction given by the learned Trial Court that plaintiff no. 1 would be entitled to receive death benefit of her husband to her share along with plaintiff nos. 2 and 3 excluding the share of other children of late Chhote Lal Das borne out of the second marriage with defendant no. 1. The learned counsel submits that t