JUDGMENT :

1. The instant regular second appeal is filed by the first defendant challenging the judgment and decree dtd. 4/11/2016 passed by the court of Principal Senior Civil Judge, Davangere (for brevity "the first appellate court") in R.A.No.101/2015 wherein the judgment and decree dtd. 1/9/2015 passed in O.S.No.48/2010 by the court of Civil Judge and J.MF.C., Jagaluru ("the trial court") has been set aside and the suit of the plaintiff has been decreed declaring that the plaintiff is entitled for half share in the suit schedule property.

2. For the sake of convenience, the parties to the appeal are referred to by their rankings before the trial court.

3. Brief facts of the case that would be relevant for the purpose of disposal of this case are: The plaintiff had filed O.S.No.48/2010 before the trial court with a prayer to declare the Will dtd. 19/2/2010 said to have been executed by one Smt.Rudramma as null and void and not binding on the plaintiff and also for partition of the suit schedule property and mesne profits.

4. It is the case of the plaintiff that the plaintiff and defendant No.2 are brothers and defendant No.1 is the daughter-in-law of defendant No.2. There was a par