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2023 Supreme(Online)(KAR) 10486

BENCH AT DHARWAD
SHANKAR IRABASAPPA DODDAMANI – Appellant
Versus
BASANAGOUDA SHIVARAYAPPA GIDAGERI – Respondent


The

appellant

has

preferred

these

appeals

being

aggrieved by the impugned common judgment and decree

dated 29.10.2005 on the file of the learned II Additional District

& Sessions Judge, Dharwad ("the Trial Court" for short)

decreeing the suit O.S. No. 7/2002 and issuing the letter of

administration with copy of the Will dated 20.12.1999 while

dismissing the suit O.S. No. 3/2004.

2.

Parties are referred to as per their ranks before the Trial

Court as mentioned in O.S.No.7/2002.

3.

Brief facts of the case are that, the plaintiff filed P &

S.C.NO.7/2000 before the learned Principle District & Sessions

Judge, Dharwad, claiming issuance of letters of administration

in respect of the Will dated 20.12.1999 said to have executed

by Smt.Neelavva. It is contended that Neelavva Parappa

Huddar is the paternal aunt of the petitioner. Her husband

Channabasappa Chougale died about 15 years back leaving

behind his wife as his only legal heir. Neelavva had movable as

well as immovable properties in Honnapur village. The

petitioner had taken care of Smt.Neelavva after the death of

- 4 -

her husband and out of love and affection Smt.Neelavva

executed the will dated 20.12.1999 in his favour bequ

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