THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.S.A 10 OF 2009 JUDGMENT: The appeal is filed against the order in O.P.No.1 of 2005 passed by the Junior Civil Judge, Mancherial, which was confirmed in CMA No.3 of 2006 by the Principal District Judge, Adialabad. The application was filed by one Dr.K.Dandekar claiming a certificate for receiving an ex-gratia of Rs.1 lakh announced by the District Collector, Adilabad due to death of her son-Satyakam Dandekar in an extremist violence on 05-11-1996. The said application was filed as the appellant herein has raised an objection and claiming rights and consequently O.P.No.1 of 2005 was filed. The appellant herein contended that she was the legally wedded wife of the deceased and two children were born during the wed lock; whereas the contention of the petitioner in the O.P that the deceased died un-married. The court below after making a detailed inquiry and giving an opportunity to both parties and taking evidence came to a conclusion that the appellant is not the legally wedded wife of the deceased. This was confirmed in the appeal by the District Judge after appreciation of the evidence. Therefore, both the courts on appreciation of the evidence came to a conclusion that the appellant is not the legal heir of the deceased. Sofar as the receipt of the compensation announced by the Government is concerned, this being a second appeal, there being no other question of law to be decided by this court and there being no other grounds to interfere with the findings of the court, which were arrived at after assessment of the evidence produced by both sides, I feel that C.M.A has to be dismissed. However, the counsel for the appellant feels that he has right to file a separate suit to seek declaration of status as wife and children of the deceased may be kept open. In view of the submission of the counsel for the appellant, if it is permissible, the appellant is at liberty to pursue her remedies otherwise. Accordingly the Civil Miscellaneous Second Appeal is dismissed. No costs. _______________________ N.R.L.NAGESWARA RAO,J 12-07-2011 TSNR