NINGAMMA AND ORS. Vs. P. NAGARAJ AND ORS.

JUDGEMENT

(1.) THE judgment and decree dated 8th April 2011 in O.S. No. 130/2001 on the file of the II Additional Principal Judge, Family Court at Bangalore, is under challenge in this appeal.

(2.) FOR the sake of convenience, the parties will be referred to as per their ranking in the trial court.

(3.) TO put the facts into a nutshell, the plaintiffs filed the suit contending that the first plaintiff married late V. Puttaswamy on 9.3.1972 at Mahadeswara Temple Channapatna Taluk, Bangalore District. Out of the said wedlock, they had two issues/Plaintiffs -2 and 3 born on 20.7.1973 and 21.6.1976 respectively. The mother of late V. Puttaswamy by name Smt. Nanjamma was residing with the plaintiffs throughout. Late V. Puttaswamy was working as Malaria Gangman in B.B.M.P., Bangalore. He expired on 30.8.1986, leaving behind the plaintiffs and his mother as his legal representatives. The defendants claiming to be the wife and children of late V. Puttaswamy filed a petition in P&SC No. 70/1987 for succession certificate in their favour to claim the pensionary benefits arising out of death of V. Puttaswamy. The petition was allowed vide order 30.11.1996. The plaintiffs challenged the said order in M.F.A. No. 2249/1997 before this Court and the said MFA came to be dismissed. As per the observation made in the said order, the defendants are taking steps to draw the amount from the fourth defendant. The first defendant had a husband by name Shivanna. Hence she is not the legally wedded wife of late V. Puttaswamy.