ORDER :

1. The petitioners are all daughters of Sri Yallappa B. Patil, who was the sole plaintiff in O.S. No. 418/2019. Sri Yallappa B. Patil had filed O.S. No. 418/2019 seeking a declaration to declare him as the absolute owner of suit property in R.S. No. 99/1 measuring 4 acres, by virtue of a registered Will dated 04.09.2018 executed by his daughter Smt. Sumithra. It was contended that Smt. Sumithra who had executed a registered Will dated 04.09.2018 bequeathing her rights in respect of the land in question in favour of her father, died subsequent to the execution of the Will. On the strength of the registered Will, Sri Yallappa B. Patil sought for such a declaration at the hands of the Principal Senior Civil Judge, Gokak.

2. However, during the course of the suit, the sole plaintiff Sri Yallappa B. Patil died on 09.02.2020. Therefore the petitioners herein filed I.A. No. 2 under Order 22 Rule 3 of CPC with a prayer to permit them as legal representatives of the deceased plaintiff Sri Yallappa B. Patil to be brought on record. The said application has been dismissed by the trial court on the ground that Smt. Sumithra acquired the property under the alleged Will towards her mainten