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2018 Supreme(Kar) 712

JOHN MICHAEL CUNHA
Sulochana W/o Hanamant More – Appellant
Versus
Hanamant S/o Mukundappa More – Respondent


Advocates Appeared:
For the Petitioners: Sriyuths. Prabhakar A. Kulkarni, Ganesh Raibagi, HEGDE & Rao, Advs.
For the Respondents: V.R. Datar, Adv., Sri. Basavaraj S Byakod, Adv. Sri. S.B. Hebballi, Adv.

JUDGMENT :

1. These two appeals are preferred against the common judgment and decree passed by the District Judge, Bagalkot in R.A.Nos.129/2001 and 130/2001 dated 08.07.2004.

2. The brief facts leading to the appeals are as follows:

One Mukundappa was the propositus. He had two children by name Hanamant and Varewwa through his wife Santavva. Hanamant was married to one Sulochana and they had a daughter by name Mala. The said Hanamant had his second wife by name Isarabai. She had begotten a son by name Vitthal.

3. Original Suit No.248/1997 was filed by the aforesaid Santavva-the wife of late Mukundappa and her daughter Varewwa for declaration that the Will executed by Mukundappa in favour of defendant No.2, namely, Vitthal is outcome of fraud, undue influence and therefore the said Will is not binding on their share and for declaration that the suit schedule properties are the joint family properties and the plaintiffs are entitle to 2/3rd share therein. The other legal heirs of Mukundappa, who were arraigned as defendants No.1 to 4 resisted the suit and put forth a plea that the suit properties were the self-acquired properties of deceased Mukundappa. Mukundappa executed a Will on 22.0














































































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