CHAMUNDAMMA Vs. LAKSHMI

JUDGEMENT

(1.) This appeal is by the aggrieved plaintiffs of O.S.No.39/2008 against the judgment and decree dated 23.2.2011 on the file of the Judge, Family Court at Mysore.

(2.) For the sake of convenience, the parties will be referred to as per their original status before the trial court.

(3.) Briefly stated the facts are, the plaintiffs filed a suit for declaration that, first plaintiff is the legally wedded wife and plaintiff Nos.2 and 3 are the children of deceased Javara Naika and sought for a direction against defendant Nos.4 and 5 to settle the death benefits arising on the death of Javara Naika, who was a Police Constable working in K.S.R.P., DAR, Mysore. Their case was, they are the legally wedded wife and children of Javara Naika, who died on 7.9.2008 while working as a Police Constable, token No.P.C.139 of District Armed Reserve, Jyothinagar, Mysore. The third plaintiff is entitled for an appointment on compassionate ground; that the first defendant claiming to be the wife of Javara Naika and defendant Nos.2 and 3 claiming to be her children born from the wedlock between first defendant and the deceased, are trying to get all benefits and get appointment on compassionate ground. After the death of her husband, she approached the defendants-4 and 5/Department to get death benefits and family pension payable to her on the death of her husband. But the defendant Nos.4 and 5 are considering the application in favour of defendant Nos.1 to 3.