This appeal is directed against the order dated 04.09.2007 passed by the Principal District Judge, Belagavi in P & SC No.5/2002 ordering probate of the Will dated 20.06.2001 in favour of the respondents.

2. The facts leading to the appeal are as follows:

(i) The respondent Nos.1 & 2 (hereinafter referred to as petitioner Nos.1 & 2) propounded a Will said to have been executed by their father late Satteppa Hanchinamani on 20.06.2001 bequeathing to them half share each in the house property bearing No.563 and open space bearing No.351 situated at Yamakanamaradi in Hukkeri taluk. In the petition, the appellant herein was arrayed as the sole respondent. He opposed the petition inter alia contending that the petition was bad for non-joinder of necessary parties; the deceased Satteppa was not in sound state of mind to do any transaction much less to execute the alleged Will. The Will propounded by the petitioners is a created document in collusion with the witnesses and the doctor who has falsely certified that the deceased was in sound state of mind. It is a created and concocted document. The respondent also denied that the deceased Satteppa was the exclusive owner in actual an