JUDGMENT :

C.T. RAVIKUMAR, J.

1. This appeal is filed against the judgment and order dated 21.11.2008 passed by the High Court of Karnataka at Bangalore in M.F.A. No. 3077 of 2001 reversing the judgment and decree dated 20.02.2001 passed by the III Additional District Judge, Dakshina Kannada at Mangalore in O.S. No. 21 of 1997.

2. The suit in question was originally filed as a petition for probate of the Will dated 10.11.1992, executed by deceased Cecelia Lobo, by her sons Dr. Derek AC Lobo and Cedric P.A. Lobo who are the joint executors named therein. In the said proceedings the original defendants 1 and 6, who are the daughters of deceased Cecelia Lobo, put in caveat and disputed its execution and genuineness. Subsequently, it was converted as an original suit under Section 295 of the Indian Succession Act and was numbered as O.S. No. 21/1997. Evidently, the 5th defendant who was another brother of the appellants resisted the suit by filing a written statement and the sisters of the appellants herein who are respondent Nos. 3 and 7 herein (defendant Nos. 1 and 6 in the suit), jointly filed a written statement. On the side of the plaintiffs, the first plaintiff got himself examined