Fraud undermines judicial integrity, nullifying judgments obtained through deceptive practices and asserting the rights of adopted heirs against fraudulent claims.

JUDGMENT :

K.S. MUDAGAL, J.

1. This appeal is preferred challenging the judgment and decree dated 30.08.2011 in O.S.No.1103/2009 passed by the Fast Track Court-IV, Bengaluru Rural District, Bengaluru.

2. Respondent Nos.2 and 3 are the sons and respondent No.4 is the daughter-in-law of respondent No.1. Respondent Nos.2 to 4 were plaintiff Nos.1 to 3 and respondent No.1 was the sole defendant in O.S.No.1103/2009 before the Trial Court. Appellant was not a party in the suit.

3. The facts leading to this appeal are as follows:

The appellant and respondents are blood relatives. Their admitted pedigree is as follows:

4. Survey No.200/2 measuring 2 acres 14 guntas originally belonged to one Venkatachala Iyengar. One Geddekanna Muniya @ Muniyappa purchased the same from Venkatachala Iyengar under the registered sale deed dated 12.07.1913. He in turn sold the same to Muniarasamma and Munivenkatappa the sister and brother-in-law of K.N.Obalareddy and K.N.Muniyappa Reddy under the registered sale deed dated 06.05.1932.

5. Property bearing Survey No.129/3 was owned by Munivenkatappa. As Munivenkatappa and Muniarasamma had no issues they adopted the appellant under the registered adoption deed dated 10.05.1965 with the consent of the biological parents of the appellant. Appellant and his biological father/K.N.Obala Reddy claimed that Munivenkatappa bequeathed 1 acres 14 guntas in Survey Nos.200/2 and 9 and half guntas in Sy.No.129/3 along with other properties in favour of the appellant and the balance extent of 1 acre in Sy.No.200/2 in favour of respondent No.1 under the registered Will dated 19.07.1972.

6. It was contended that during the lifetime of Munivenkatappa, respondent No.1 forged his statement and got his name entered to the properties bequeathed under the Will dated 19.07.1972. Munivenkatappa challenged those revenue entries in R.A.No.70/93-94 before the Assistant Commissioner. The said appeal was allowed on 22.08.1984. Further under the registered deed dated 14.07.1993 Munivenkatappa revoked the bequeath made by him in favour of the present respondent under the Will dated 19.07.1972 and bequeathed the entire 2 acres 14 guntas in Sy.No.200/2 in favour of the appellant.

7. On 25.06.1994, respondent No.1 filed O.S.No.3582/1994 against K.N.Obala Reddy and his brother in law Munivenkatappa before the City Civil Court, Bengaluru Rural District, Bengaluru for partition and separate possession of his alleged share in the plaint schedule ‘A’ to ‘D’ properties namely land bearing Survey No.200/2, Sy.No.129/3 and Sy.No. 3 which are stated above. The said suit was transferred to the Court of Principal Civil Judge (Senior Division), Bangalore Rural District, Bangalore renumbered as O.S.No.214/1994.

8. Further respondent No.1 filed O.S.No.329/1996 against the present appellant and K.N.Obala Reddy seeking declaration that the Will dated 14.07.1993 executed by Munivenkatappa in favour of present appellant is null and void. Subject matter of the said suits were again land bearing Survey No.200/2 measuring 1 acre, Survey No.129/3 measuring 4¾ guntas, Survey No.3 measuring 23 guntas and site bearing Khaneshmari No.51, Khata No.135.

9. Those two suits were contested by the present appellant and K.N.Obala Reddy. Pending the said suit Munivenkatappa died. His LRs were not brought on record. In O.S.No.214/1994, respondent No.1 contended that those properties were ancestral joint family properties and he has share in t