C.R. No. 195 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 195 of 2009 Date of Decision: August 5, 2009 Sukhwinder Kaur and others …..Petitioners Vs. Surjit Kaur and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. R.K. Girdhar, Advocate for the petitioner. Mr.P.K.S. Phoolka, Advocate for respondent No.1. Ms.Puneeta Sethi, Advocate for respondents No.2 and 3. -.- M.M.S. BEDI, J. (ORAL) The dispute is regarding the inheritance of the retrial/ service benefits of Teja Singh who was admittedly husband of petitioner No.1 and father of petitioners No.2 to 4, in a suit filed by plaintiff- respondent No.1 for declaration that she is entitled to 1/5th share of assets and dues of Teja C.R. No. 195 of 2009 [2] Singh. Application for interim injunction was dismissed by the Additional Civil Judge (Senior Division), Gidderbaha, vide order dated April 3, 2008. In an appeal filed by respondent No.1, the first Appellate Court vide order dated December 6, 2008 partly allowed the application for interim injunction and ordered that Contributory Provident Fund of deceased Teja Singh be not released to the present petitioners during the pendency of the suit despite the fact that they are duly appointed nominees by Teja Singh- deceased, as per the record of the employer- Food Corporation of India. Without expression of any opinion whether plaintiff- respondents No.1 has been able to establish that irreparable loss will be suffered by her and whether she has got a prima facie strong case in her favour, it is sufficient to observe that even if it is presumed that plaintiff- respondent No.1 has got a right to the extent of 1/5th portion of the retrial benefits, the defendant- petitioners cannot in any case be deprived of the service benefits being the heirs of Teja Singh. In the interest of justice, the order dated December 6, 2008 is hereby modified to the extent that petitioners will be entitled to be released CPF of deceased Teja Singh except for a sum of rupees to the extent of 1/5th portion of the total during the pendency of the suit. This arrangement will not prejudice the rights of the defendant-petitioners and will also safeguard the interest of the plaintiff- respondent No.1. This petition is disposed of with the abovesaid modification. A direction is issued to the trial Court to dispose of the trial within a period of less than one year. C.R. No. 195 of 2009 [3] August 5, 2009 (M.M.S.BEDI) sanjay JUDGE