This appeal has been admitted on 20.06.2014 to adjudicate the following substantial questions of law:

(1) Whether the suit of the plaintiff was not maintainable in view of dismissal of her earlier suit for non-prosecution?

(2) Whether the will in question was not proved in accordance with law?

(3) Whether the lower Appellate Courts finding was perverse in ignoring the revenue entries in the name of appellants herein?”

BRIEF BACKGROUND:

2. One Sri Danayya Math had three children namely, Sri. Gurulingayya Math, Sri.Sidramayya Math and Smt. Bhagirathi Bai. The above said Sri. Gurulingayya Math was married to Smt. Gangabai. Smt. Gangabai had four brothers – Sriyuths Rachayya, Sanganbasayya, Gurupadayya and Girimallayya. The sister of said Sri. Gurulingayya Math – Smt. Bhagirathi Bai filed a suit O.S.No.71/1985 against her brother Sri.Sidramayya and Smt. Gangabai wife of deceased – Sri.Gurulingayya Math for partition and separate possession of her share in the properties left by her father Sri. Danayya Math. Said suit came to be decreed on 27.06.1991 and appeal filed against said judgment and decree came to be dismissed on 12.11.1992 and in the final decree proceedings i.e., FDP No