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2015 Supreme(Kar) 944

ANAND BYRAREDDY
Cauvery Belliappa (Since Deceased) By L. Rs – Appellant
Versus
B. B. Chengappa – Respondent


Advocate Appeared:
For the Plaintiffs :Srinivas Raghavan for M/s. Indus Law, Advocates.
For the Defendants :Sriyuths K. Chandranath Ariga, Siddappa and S. Sunil Dutt Yadav, Advocates.

JUDGMENT :

Heard the learned Counsel for the plaintiffs and the learned Counsel for the defendants.

2. The petition for grant of probate of the Will of late Mrs. Pattamada Bhojamma Chengappa (hereinafter referred to as 'Mrs. Chengappa', for brevity), is converted into a testamentary suit, in view of the respondents having entered caveat. The first plaintiff was the eldest daughter of late Mrs. Chengappa and the second plaintiff was her husband. Mrs. Chengappa is, said to have died on 3-6-2001, at No. 3, John Armstrong Road, Richards Town, Bengaluru. A copy of the death certificate is produced. The writing annexed and marked with the letter 'A' to the plaint is claimed to be the last Will and testament of Mrs. Chengappa dated 22-5-1998 and is stated to be duly executed by her in the presence of witnesses, whose names appear at the foot of the Will. In the Will, the plaintiffs are appointed as executors of the Will.

Mrs. Chengappa was married to one P.M. Chengappa, who died as on 11-11-1970. Mrs. Chengappa was the owner of property bearing No. 3, John Armstrong Road, Bengaluru and was living in the said property even during the lifetime of her husband and resided there till her death. S







































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