The plaintiff in O.S.No.244/2018 on the file of the I

Additional Civil Judge, Kalaburagi (henceforth referred to as

'Trial Court') has filed this appeal challenging an order dated

17.08.2022 passed therein, by which, an application (I.A.No.7)

filed by the plaintiff was rejected.

The plaintiff is the mother, while the defendant

No.1 was the wife of Ambanna Itgakar, who was employed as a

Armed Head Constable in the police department. He died in a

road traffic accident on 27.08.2018 leaving behind the plaintiff

and defendant No.1 as his legal heirs, who were entitled to

receive the death benefits. The plaintiff filed a suit for partition

and separate possession of her share out of death benefits of

the deceased - Ambanna Itgakar. The plaintiff also filed an

application for interim injunction restraining the defendant

Nos.2 to 4 from releasing any amount to the defendant No.1.

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The suit was contested by the defendant No.1

contending that the plaintiff never lived with her and Ambanna

Itgakar and never cared for them. She also claimed that after

the death of Ambanna Itgakar, the plaintiff had made a false

claim. She claimed that when Ambanna Itgakar met with an

accident an