UNION OF INDIA Vs. RENUKA AMBADAS MALVE

JUDGEMENT

(1.) RULE, returnable forthwith. Counsel appearing on behalf of the respondents waives service. By consent taken up for hearing and final disposal.

(2.) ONE Ambadas Shekappa Malve was working as an Assistant Sub-Inspector in the R. P. F. Department of the Central Railway at Kurduwadi. He expired on 13th November, 1998 while in service, leaving behind him the following legal heirs : <FRM>JUDGEMENT_710_MHLJ3_2006Html1.htm</FRM>

(3.) THE fifth respondent is a daughter of the deceased born from his first wife. The first wife had predeceased the employee. Thereupon he had married again and the first respondent is the second wife. The second, third and fourth respondents are all minors, children born to the First respondent from the wedlock. On the death of Ambadas, the first respondent filed Civil Misc. Application 86 of 19,99 in the Court of the Civil Judge, Senior Division, Solapur for obtaining a succession certificate. The succession certificate came to be granted to the first respondent for and on behalf of herself and the minor children to the extent of 4/5th of an amount of Rs. 2,25,405/- receivable on account of the terminal dues of the deceased. The petitioner filed a review application before the civil Judge, Senior Division, Solapur which came to be dismissed as not being maintainable. Thereupon these proceedings have been instituted.