RAJESHWARI Vs. SILVIA FLORANCE

JUDGEMENT

(1.) HEARD the arguments of the learned Counsel for the appellants and carefully perused the case records including the impugned judgment and Decree passed by the Ist Appellate Court, whereby it has partly allowed the appeal filed by the appellants.

(2.) THE defendants are the appellants herein. This appeal is directed against the Judgment and Decree of the 1st Appellate Court dated 20. 6. 2002 whereby the 1st Appellate Court has partly allowed the appeal and set aside the Judgment and Decree of the Trial court in respect of plaintiffs 2 and 3. By the impugned judgment and Decree, the 1st Appellate Court has held that the plaintiffs 2 and 3 shall get equal share each alongwith the defendants 1 to 4 in the service benefits of late Shivaraj Patil. It has further held that the plaintiffs 2 and 3 and defendants 1 to 4 will have equal shares in the service benefits of late Shivaraj Patil subject to the condition that the plaintiffs 2 and 3 will get their shares in the family pension till they attain the age of majority. It further restrained the defendant no. 1 from taking the share of the plaintiffs 2 and 3 in the service benefits of late Shivaraj Patil and also restrained defendant No. 1 from taking shares of plaintiffs 2 and 3 out of the family pension of late Shivaraj Patil till attaining the age of majority from the defendants 5 to 7. Aggrieved by such Judgment and Decree, the defendants have preferred this Second Appeal before this Court.

(3.) THE brief facts of the case as enumerated in the appeal memo may be stated as under: