Disposed

Malati Behera v. Manager,Cesu

Orissa HC2 Aug 2016RSA/340/2011

Case brief

AI extract

What is this about?

The single judge disposed of the appeal in the Lok Adalat spirit, directing the respondent to disburse the deceased Madhabananda Behera's service benefits to all plaintiffs in equal shares, while explicitly stating this decision does not settle rights to other disputed assets.

What did the court decide?

Directing respondent no.1 to disburse service benefits in relation to Madhabananda Behera to all plaintiffs in equal share.

04. 02.08.2016 This appeal has been filed challenging the judgment and decree passed by the learned Second Additional District Judge, Puri in R.F.A. No. 99/105 of 2010/200 9 confirming the judgment and decree passed by the learned Civil Judge (Junior Division), Nima para in C.S. No. 89 of 2008.

The appellant with respondent nos. 2 to 6 along with Rangalata Behera, mother of Madhabananda, who has died during the suit, as the plaintiffs have filed the suit for decl aration and for direction to the respondents (defendants) for disbursement of the outstanding service benefit available in connection with the services of late Madhabananda Behera as per t heir entitlement.

The present appeal now concerns with refusal in holding the entitlement of the appellant who was the plaintiff no. 2 in the trial court over those service benefit of Madhab ananda being not the legal married wife of Madhabananda while holding the entitlement of the children born to her through Madhabananda. Before the trial court Santilata has been examined as P.W.1 stating to be the first wife of Madhabananda and to have given birth

to two sons through him. It has also been stated by her that Malati was the second wif e of Madhabananda who has begotten one son and daughter through her. Malati being examined has also stated in the same vain. All the plaintiffs have thus claimed their entitlement together

In the facts and circumstances of the case and in view of the evidence on reco rd and taking into account all other attending factors, without entering into the merit, this Court in the spirit of lok adalat is inclined to dispose of the appeal directing the responden t no.1 to disburse the service benefits in relation to the service of Madhabananda Behera unde r it to all the plaintiffs in equal share. It is however made clear that the expressions made herein above and the present order of disposal of this appeal shall only remain confined to th e subject matter of the suit i.e. the service benefits of Madhabananda Behera having no such i mpact on any other dispute between the plaintiffs if so arises amongst them in future as regar ds their legal entitlement to any other subject which would then stand to be decided in accord ance with law.

Malati Behera v. Manager,Cesu

Case brief

What is this about?

What did the court decide?

Malati Behera v. Manager,Cesu

Case brief

What is this about?

What did the court decide?

What the court decided

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