(1.) This regular second appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short "CPC") challenging the judgment and decree passed by the Civil Judge (Sr.Dn), Laxmeshwar in R.A.No.146/2006 dtd. 12/10/2009 whereby the Senior Civil Judge has set aside the judgment and decree passed by the Trial Court and partly decreed the suit of the defendants as regards they being entitled for monetary benefits arising out of death of deceased-Nagappa.
(2.) For the sake of convenience, parties herein are referred with original ranks occupied by them before the Trial Court.
(3.) The brief factual matrix leading to the case are that the plaintiffs are the residents of Laxmeshwar and the husband of plaintiff No.1 and father of plaintiffs 2 and 3 by name Nagappa was an employee in Laxmeshwar Town Municipal Council and he died on 23/4/2003 by leaving behind the plaintiffs as his Class-I heirs. It is further asserted that on 22/1/2023 the said Nagappa had executed a Will in favour of plaintiffs 1 and 2 and in pursuance to the Will, being legal heirs, the plaintiffs succeeded to the estate of deceased-Nagappa. It is further asserted that after the death of Nagappa, plaintiffs moved an application before the Village Accountant, Laxmeshwar for issuance of Varasa Certificate and defendants 2 to 4 without any right, title or interest filed objections to the said application claiming that defendant No.2 is the second wife of deceased-Nagappa. The Special Tahasildar, without holding proper enquiry, had issued Varasa Certificate on 1/10/2003 in the name of plaintiffs and defendants 2 to 4. Plaintiff No.1 was shown to be the first wife and defendant No.2 was shown to be the second wife. It is further asserted that in pursuance of the said Varasa Certificate, defendants 2 to 4 moved an application before Defendant No.1 for disbursement of monetary benefits and seeking compassionate appointment and the same is based on false documents. The plaintiffs have disputed the status of the defendants and hence, they filed a suit seeking declaration that the plaintiffs alone are entitled for all the death benefits of deceased-Nagappa and also sought for declaration regarding the compassionate appointment. Hence, the suit.