RSA.429/2015

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE S.VISHWAJITH SHETTY

REGULAR SECOND APPEAL NO.429/2015

BETWEEN:

1.

SATHISH KUMAR T. V.

S/O VEERAKYATHAIAH T. N.

AGED ABOUT 17 YEARS,

MINOR BY GUARDIAN AND NEXT

FRIEND AND NATURAL MOTHER

RANGAMMA

W/O VEERAKYATHAIAH T. N.

2.

RANGAMMA

W/O VEERAKYATHAIAH T. N.

AGED ABOUT 43 YEARS,

BOTH ARE R/AT THUNGOTI VILLAGE,

KASABA HOBLI, MADHUGIRI TALUK,

TUMKUR DIST-572101.

& APPELLANTS

(BY SRI HARISH.H.V., ADV.)

AND:

1.

STATE OF KARNATAKA

REPRESENTED BY ITS

CHIEF SECRETARY,

REVENUE DEPARTMENT,

VIDHANA SOUDHA,

BANGALORE-01.

2.

THE TAHSILDAR,

TALUK OFFICE,

MINI VIDHANA SOUDHA,

MADHUGIRI,

TUMKUR DIST-572101.

R

RSA.429/2015

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3.

THE OFFICER-IN-CHARGE

OF THE SUB TREASURY,

MINI VIDHANA SOUDHA,

MADHUGIRI,

TUMKR DIST-572101.

4.

PUTTARANGAMMA

W/O LATE T. N. VEERAKYATHAIAH,

AGED ABOUT 68 YEARS

R/AT THUNGOTI VILLAGE,

KASABA HOBLI,

MADHUGIRI TALUK,

TUMKUR DIST-572101.

5.

THE MANAGER

STATE BANK OF MYSORE,

MADHUGIRI BRANCH,

MADHUGIRI,

TUMKUR DIST 572101.

& RESPONDENTS

(BY SMT. H.R.ANITHA, HCGP FOR R1 TO R3;

R4 & R5 ARE SERVED AND UNREPRESENTED)

THIS REGULAR SECOND APPEAL IS FILED UNDER

SECTION 100 OF CPC., 1908 AGAINST THE JUDGMENT AND

DECREE DATED 10.10.2014, PASSED IN RA.NO.40/2014 ON

THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND J.M.F.C.

AT MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING

THE JUDGMENT AND DECREE DATED 25.04.2014 PASSED IN

O.S.NO.344/2012 ON THE FILE OF THE PRL.CIVIL JUDGE &

JMFC AT MADHUGIRI.

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 24.11.2021 AND COMING ON FOR

8PRONOUNCEMENT OF JUDGMENT9 THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

J U D G M E N T

The unsuccessful plaintiffs have preferred this

regular second appeal challenging the judgment and

decree dated 25^th April 2014 passed by the court of

RSA.429/2015

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Principal Civil Judge and J.M.F.C., Madhugiri in

O.S.No.344/2012, which has been confirmed by the

court of Additional Senior Civil Judge and J.M.F.C.,

Madhugiri, in R.A.No.40/2014 by its judgment and

decree dated 10.10.2014.

2. For the sake of convenience, the parties to the

appeal are referred to as per their rankings given

before the trial court.

3. Brief facts of the case that would be relevant

for the purpose of disposal of this appeal are:

The

plaintiffs

had

filed

a

suit

in

O.S.No.344/2012 before the court of Principal Civil

Judge and J.M.F.C., Madhugiri (hereinafter referred to

as "the trial court") seeking for a declaration that the

first plaintiff is the legitimate son of deceased

T.N.Veerakyathaiah and he is entitled for the benefits

on account of death of T.N.Veerakyathaiah along with

the second plaintiff including pension amount and

permanent injunction restraining the defendant No.4

RSA.429/2015

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from drawing the pension amount and other benefits

from the other defendants ignoring the rights of

plaintiffs and for a prohibitory order restraining

defendant Nos.1 to 3 and 5 from making payment of

any pension amount and other benefits to the fourth

defendant till the disposal of the suit.

4. It is the case of the plaintiffs that late

T.N.Veerakyathaiah had married the fourth defendant

Puttarangamma and from the said wedlock, they have

children, who are married and residing separately.

The fourth defendant deserted her husband and

started

living

separately.

T.N.Veerakyathaiah

thereafterwards

married

the

second

plaintiff

Rangamma and from the said wedlock, the first

plaintiff

was

born.

During

his

lifetime,

T.N.Veerakyathaiah

was

working

as

a

Village

Accountant in the Revenue Department and after his

retirement,

he

was

drawing

pension

from

the

Karnataka State Government. T.N.Veerakyathaiah

RSA.429/2015

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died on 30.12.2011. After his death, the fourth

defendant made a claim for pension and other dea