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Judgment
The appellants claim themselves to be the
children of Late Krishna Ram from the so called third wife.
But from perusal of materials on record, the only thing
which emerges is that the so called third wife, namely,
Babita Sinha had two children at the time of her marriage
with Late Krishna Ram. Though there is evidence, annexed
as Annexure-5, where Late Krishna Ram had taken
responsibility upon himself to take care of the two children
as well.
On the death of the employee, Late Krishna
Ram, the first wife, Pyari Devi, claimed benefit. The dispute
initially was raised before the District Magistrate, who, after
hearing the parties, passed the order in favour of the first
wife and the Learned Single Judge has upheld such a
decision to be valid and correct and now these appellants
have approached the High Court, challenging the decision
of the Learned Single Judge.
After having heard the parties and perused the
order, dated 05.02.2014, passed in C. W. J. C. No. 9587 of
2013, the Court is of the opinion that the Learned Single
Judge has committed no error by upholding the order of the
District Magistrate, Jamui.
But, so far as claim of these appellants are
concerned, in the controversial bundle of facts and where
some serious disputes are raised also with regard to their
status, no relief as such can be extended to them, except
with a leeway that they are free to move the civil court of
competent jurisdiction to seek declaration in law, if they
succeed to make out a case to claim inheritance under Late
Krishna Ram.
The appeal is otherwise dismissed.