ORDER

The plaintiffs in O.S.No.1881/2018 pending consideration before the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru have challenged an order dated 26.07.2022 by which, an application filed by the defendant Nos.1 to 3 under Section 151 of Civil Procedure Code was allowed and the plaintiff No.1 was directed to deposit a sum of Rs.20,68,400/-.

2. The parties shall henceforth be referred to as they were arrayed before the Trial Court.

3. A suit in O.S.No.1881/2018 was filed for the following reliefs:

"a) To pass judgment and Decree by declaring that, the plaintiff No.1 is the legally wedded wife and the Plaintiff No.2 is the child of deceased Sri. Ajay N. respectively.

b) To pass Judgment and Decree of permanent injunction against the defendant No.1, 2 and 3 by restraining them, their family members, their agents, their henchmen, their assignee/s or any other persons acting and claiming under them from interfering in the plaintiffs peaceful possession and enjoyment of the suit Schedule A property in any manner in the interest of justice.

c) To pass judgment and decree of permanent injunction against the Defendant No.1, 2 and 3 by restraining them, their family assignee/s or any other persons acting and claiming under them from collecting the monthly rents from the residential building standing over the Schedule A Property belongs to the Plaintiffs constructed by her husband in any manner in the interest of justice.

d) To pass judgment and decree by directing the employer i.e., the defendant No.5 to deposit his entire death service benefits from all heads of its employee i.e., Sri. Ajay N i.e., the 1st plaintiffs husband and father of plaintiff No.2 to his housing loan account bearing No.621225683 and bearing No.625265355 to the HDFC Bank limited electronic city branch,, Bangalore.

or To direct the defendant No.5 to release the entire service benefits of its employee viz., late Sri. Ajay N on his death in favour of his wife i.e., the plaintiff No.1 in the interest of justice.

e) to pass judgment and decree by directing the Defendant No.4 to furnish the details of the amount settled in favour of Defendants No.1 in respect of the LIC Policy Nos.778471680, 788624510 and 788995103 respectively as perits letter dated:21.112018 (Document No.16) held by the husband of the plaintiff No.1 and father of plaintiff No.2 as more fully described in the Schedule F property and allot 90% of share of amount to Plaintiffs out of the total amounts received by the Defendant No.1.

f) To pass judgment and decree against the defendant Nos.1, 2 and 3 by directing them to effect partition of the suit schedule B, C, D and E properties by meets and bounds and put the plaintiffs in a separate possession and enjoyment of their 1/4th share of the same in the interest of justice.

g) to pass such other order/s as deemed just and necessary in facts and circumstances of the case including order as to cost of the suit in the interest of justice and equity."

4. The plaintiff Nos.1 and 2 claimed to be the wife and daughter of deceased Ajay N. who is the son of defendant No.1. The said Ajay N died intestate on 09.08.2018. The deceased Mr. Ajay was employed with defendant No.5 who is now deleted from the array of the parties. He had also subscribed to certain life insurance policies and also availed loan from HDFC Bank Limited for construction of a house on schedule 'A' property. The Trial Court passed an order directing the defendant No.5 (DEL International Private Limited) to release a sum of Rs.20,68,400/- to the plaintiff No.1 out of the death benefits of Ajay N and the remaining was ordered to be released to the defendant No.1. Later the defendant No.1 filed an application under Section 151 of Civil Procedure Code for a direction to plaintiff No.1 to redeposit a sum of Rs.20,68,400/- on the ground that release of the amount in favour of the plaintiffs even before declaration of the status of the plaintiff No.1 as the wife of the deceased Ajay N w