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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF NOVEMBER 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

MISCELLANEOUS FIRST APPEAL No.3536 OF 2011 (ISA)

BETWEEN

1.

Smt. Philomena Balu,

Aged about 65 years,

W/o. Late J.S.Sunder Raj.

2.

Kum. S.A.Ammu,

Aged about 35 years,

D/o. Late J.S.Sunder Raj,

Both R/at Door No.5/9, Ejipura,

20 ‘B’ Cross, Vivekanagar,

Bangalore-560047.

…Appellants

(By Sri. M.A.Sebastian, Advocate)

AND

1.

The Commandant,

515 Army Base Workshop,

Ulsoor, Bangalore-560008.

2.

Smt. Violet,

Major,

R/at No.16/2, FMC Colony,

M.G.Road, Bangalore-560001.

3.

Smt. S.A.Rathnavathi,

Aged about 44 years,

D/o. Late J.S.Sunder Raj,

D.No.93/3, 1^st Cross,

Ejipura, Bangalore-560047.

2

4.

Sri. S. Suguna Raj,

Aged about 40 years,

S/o. Late J.S.Sunder Raj,

No.22, 19^th A Cross,

Buchappa Road,

Near Rama Temple,

Ejipura, Bangalore-560047.

5.

Smt. S.A.Shanthi,

Aged about 37 years,

D/o. Late J.S.Sunder Raj,

R/at Door No.5/9, Ejipura,

20 ‘B’ Cross, Vivekanagar,

Bangalore-560047.

…Respondents

(By Sri. B.V.Thilak, Advocate, for R1,

Sri. Gunashekaran, Advocate, for C/R2,

Sri. V.Vinayak Pai, Advocate, for R3 to R5)

This MFA is filed under Section 384 of Indian

Succession Act, against the order dated 26.02.2011 passed

in P & SC No.70/2007 on the file of XV Additional City Civil

& Sessions Judge, Bangalore City, dismissing the petition

filed under Section 372 of Indian Succession Act for granting

succession certificate.

The MFA coming on for hearing this day, the court

delivered the following:

JUDGMENT

This appeal is by the petitioners in P & SC 70/2007 on

the file of XV Additional City Civil and Sessions Judge,

Bengaluru (Court Hall No.3). The appellants have

challenged the order dated 26.2.2011 dismissing their

petition filed under section 372 of the Indian Succession Act

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(‘Act’ for short). The necessary facts by referring to the

parties with respect to their positions in the court below are

as follows : -

2. The first petitioner is the mother and the second

petitioner is the sister of one S.D. Irudayaraj who died on

20.2.2006 in harness under the employment of first

respondent. The respondents 3 and 5 are the other sisters

and respondent no.4 is the brother of the deceased

Irudayaraj. J.S.Sunderraj, the husband of the first

petitioner and father of petitioner nos.2, and respondents 3,

4, 5 and the deceased was earlier working under the first

respondent and since he died while in service, Irudayaraj

was appointed on compassionate ground as an Engraver.

The deceased, according to the petitioners, was unmarried

and died as a bachelor. At the time of joining the service,

the deceased nominated the first petitioner for receiving the

service benefits. After death of Irudayaraj, when the first

petitioner approached the office of the first respondent for

obtaining

the

survival

benefits

such

as

death-cum-

retirement benefits, gratuity, GPF, family pension, etc., the

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trade union leaders did not allow her to meet the first

respondent and sent her back stating that the second

respondent, i.e., Smt. Violet had already made a claim for

the release of survival benefits. Second respondent was not

the wife of the deceased. Therefore, the petitioners got

issued a notice to the first respondent on 4.4.2006 for

releasing the death benefits of Irudayaraj in her favour. The

first respondent replied to this notice on 17.4.2006 stating

that on 25.2.2004, Irudayaraj had nominated the second

respondent by mentioning her as his wife; he had changed

the nomination. On further enquiry, the petitioners came to

know that the second respondent was working as servant in

the officers’ quarters of 515 Army Base Workshop, that she

had already been married to one Subramanian @ Alexander

and that she had already a daughter who is aged 22 years.

The petitioners suspected manipulation of