HIGHCajRTOF^CHHATTISGARHjEILASPUR Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. ADfllicant Non-applicants Civil Revision No. 60 of 2005 Rameshwar S/o Late Shri Garju Das Mahant, aged about 40 years, occupation Cultivation, resident of Salhepali, Tahsil Gharghoda, District Raigarh (CG) Versus 1. Smt. Bund Kunwar, aged 41 years 2. Shrawan.Kumar, aged 21 years 3. Ku. Laxmi, aged 16 years 4. Shirvat, aged 14 years 5. Ku. Sumitra, aged 12 years 6. Ku. Ratna, aged,10 years 7. Krishnchand,aged 8 years, 8. Ku. Sapna,aged 5 years, (Sl. No.3 to 8 moinors, through the natural guardian mother smt. Bund Kunwar, Wd/o Late Garju Das Mahant) All resident of Village Salhepali, Tahsil Gharghoda, District Raigarh Memorandum of civil revision under Section 115 of CPC. Present: Shri Sunil Sahu, counsel for the applicant. Shri K.N. Nande, counsel for the non-applicants. ORAL ORDER (Passed on 25.09.2008) Heard. (2) Brief facts are that one Garju Das Mahant, an emptoyee of the Forest Department died on 12.1.2002. In his service record, his wife Saith Kunwar was shown as nominee. The applicant is the son of Saith Kunwar. The non-applicants No.1 to 8 filed an applicab'on for issuance of succession certificate before the I Civil Judge, Class-1, F?aigarh (Succession Case No.02/2003) on the ground that the non- applicante No.2 to 8 herein were the children born out of the wedtock of Garju Das Mahant and Bund Kunwar, non-applicant No.1. The trial B <<Z3'aSt '; %.. °^!-ss^.-iw Court held that Bund Kunwar was not the legally married wife of Garju Das Mahant and was therefore, not entitted to a succession certificate. However, it was held Uiat the applicant herein, being the son of Garju Das Mahant through Saith Kunwar and the non-applicants No.2 to 8 herein being the illegitimate children of Garju Das Mahant, were entitled to succession certificate. Being aggrieved, the applicant herein preferred a miscellaneous civil appeal No.39/2004, which was dismissed by the II Additional District Judge, Raigarh while afflrming the order passed by the 1 Civil Judge, Class-1, Raigarh at Gharghoda. (3) It is well settted that the mere fact that the widow of the deceased was shown as nominee in the office record would not disentitle the other legal heirs from obtaining a succession certificate in their favour. Learned counsel for the appellant herein did not dispute that the non-applicants No.2 to 8 being the children of Garju Das Mahant though not born out of a legitimate wedlock, were legal heirs of Garju Das. (4) No such illegality is seen in the impugned order dated 21.03.2005 passed in miscellaneous ch/il appeal No.39/2004 by the II Additional District Judge, Raigarh. Both the Courts below have rightly ordered issuance of succession cert'ficate in favour of the applicant herein and the non-applicants No.2 to 8. There is no merit in this appeal, which is accordingly dismissed. Dilip Raosaheb Deshmukh Priya