CHAKRARAM SAMAL Vs. RADHAMANI PALAKA

JUDGEMENT

(1.) THE appellants as plaintiffs filed T.S. No. 32 of 2002 before the Civil Judge (Senior Division), Raygada, inter alia, praying for a declaration that the plaintiffs are entitled under the Will to receive the service benefits of late Raghunath Samal, i.e. C.P.F. accumulations, gratuity and other benefits payable by the F.C.I and the Life Insurance Corporation. THE suit has been decreed in part by the learned trial Court ordering that the plaintiffs-appellants are entitled to the properties bequeathed under the Will dated 11-6-2001, Ext. 2, except the testator's insurance claim to which the Defendant No. 2 Smt. Sasirekha Samal is entitled as nominee. This appeal has been preferred against the part of the suit claimed, which has been dismissed.

(2.) THE respondent No. 2-defendant No. 2 is stated to be dead by the learned counsel for the appellants and her name has been deleted from the cause title page of the appeal memo pursuant to the order dated 25-2-2009. A cross appeal was preferred by the said deceased-respondent No. 2. After her death, she having not been substituted by her legal heirs, the said cross appeal has abated.