ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)

The captioned appeal is by the plaintiffs who are aggrieved by the dismissal of the suit filed in O.S. No.231/2016 seeking leave for partition and separate possession. The said judgment is under challenge.

2. For sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The family tree is as under:

4. The plaintiffs and defendants are the children of one Laxmi W/o. Nagesh. The plaintiffs contended that the suit schedule property was jointly purchased by the parents and later father released his share in favour of his wife namely Laxmi. The plaintiffs assert that the plaintiff No.1 and defendant No.1 are residing in the suit schedule property. The present suit is filed alleging defendant No.1 taking undue advantage of ill-health of his mother has created Will without her knowledge and therefore, present suit is filed contending that the Will concocted document set up by the defendant No.1 and plaintiffs being legal heir of Laxmi are entitled for the legitimate share in the suit schedule property.

5. Defendants on receipt of summons, failed to contest the suit by filing written statement