2023 Supreme(Online)(KAR) 10486
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NC: 2023:KHC-D:6716
RFA No. 202 of 2006
C/W RFA No. 755 of 2006
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
REGULAR FIRST APPEAL NO. 202 OF 2006 (RES)
C/W REGULAR FIRST APPEAL NO. 755 OF 2006
IN R.F.A.NO.202/2006:
BETWEEN:
SHANKAR IRABASAPPA DODDAMANI,
AGE: 50 YEARS OCC: AGRIL,
R/O: HONNAPUR,
TQ AND DIST: DHARWAD, PIN - 580 008.
…APPELLANT
(BY SRI PREETHVIRAJ HIHALAMANI, ADVOCATE FOR
SRI ANIL, KALE, ADVOCATE)
AND:
BASANAGOUDA SHIVARAYAPPA GIDAGERI,
AGE: MAJOR, OCC: AGRIL,
R/O: GHATAPRAHA, NOW AT
PRABHUNAGAR HONNAPUR,
TQ AND DIST DHARWAD, PIN - 580 008.
…RESPONDENT
(BY SRI SANGRAM S. KULKARNI, ADVOCATE FOR
SRI V.P. KULKARNI, ADVOCATE)
THIS R.F.A IS FILED UNDER SECTION 96 OF CPC., PRAYING
TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
DECREE IN O.S.NO.7/2002 (P AND SC NO.07/2000) DATED
29.10.2005 PASSED BY THE LEARNED 2ND ADDITIONAL DISTRICT
JUDGE DHARWAD INSOFAR AS IT RELATES TO AGRICULTURAL LAND
BEARING SY. NO.2 MEASURING 3 ACRES 30 GUNTAS AND SY.NO.
3(2) MEASURING 0.19 GUNTAS OF HONNAPUR VILLAGE AND
Digitally
signed by
ROHAN
HADIMANI
T
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NC: 2023:KHC-D:6716
RFA No. 202 of 2006
C/W RFA No. 755 of 2006
DISMISS THE SUIT FILED BY THE RESPONDENT, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN R.F.A.NO.755/2006:
BETWEEN:
SHANKAR IRABASAPPA DODDAMANI,
AGE: 50 YEARS OCC: AGRIL,
R/O: HONNAPUR,
TQ AND DIST: DHARWAD, PIN - 580 024.
…APPELLANT
(BY SRI PREETHVIRAJ HIHALAMANI, ADVOCATE FOR
SRI ANIL, KALE, ADVOCATE)
AND:
BASANAGOUDA SHIVARANGAPPA GITAGERI,
AGE: MAJOR, OCC: AGRIL,
R/O: GHATAPRAHA, NOW AT
PRABHUNAGAR HONNAPUR,
TQ AND DIST DHARWAD, PIN - 580 024.
…RESPONDENT
(BY SRI SANGRAM S. KULKARNI, ADVOCATE FOR
SRI V.P. KULKARNI, ADVOCATE)
THIS R.F.A IS FILED UNDER SECTION 96 OF CPC., PRAYING
TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
DECREE IN O.S.NO.03/2004 (P AND SC NO.12/2000) DATED
29.10.2005 PASSED BY THE LEARNED 2ND ADDITIONAL DISTRICT
JUDGE DHARWAD AND ALLOW THE O.S.NO.03/2004 AND DECREE
THE SUIT AND GRANT THE PROBATE IN FAVOUR OF APPELLANT IN
RESPECT OF SUIT PROPERTIES IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE APPEALS, HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 16.06.2023 COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:6716
RFA No. 202 of 2006
C/W RFA No. 755 of 2006
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
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her husband and out of love and affection Smt.Neelavva
executed the will dated 20.12.1999 in his favour bequeathing
both immovable and movable properties.
4.
It is stated that Neelavva died on 26.01.2000 at Prabhu
Nagar of Honnapur. The Will dated 20.12.1999 is the last Will
and the testament under which the properties were bequeathed
in favour of petitioner. Therefore the petitioner claimed
issuance of letters of administration in his favourl.
5.
The schedule appended to the petition describes R.S.No.2
measuring 3.30 acres, R.S.No.3 measuring 0.19 acres and
house property bearing No.212 of Honnapur village. It also
describes eight fixed deposits and three bank accounts
pertaining to the testator Smt.Neelavva.
6.
The defendant had appeared in the P & S.C., and
objected for issuance of letters of administration. It is
contended that the Will alleged by the petitioner is concocted
one. Smt.Neelavva never bequeathed her properties in favour
of the petitioner. The father of Smt.Neelavva by name Parappa
Huddar purchased some of the lands at Malali village, Hukkeri
Taluk. The same were submerged while construction of
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Rajalakamanagouda Reservoir. The villagers were evacuated
and rehabilitated at Honnapur village of Dharwad Taluk. The
Special land Acquisition Officer Hidkal Dam Project granted
agricultural lands in question to deceased Smt.Neelavva in the
year 1975. Thus Smt.Neelavva started residing in Honnapur
village since the year 1975.
7.
Respondent/defendant contended that he also originally
belonged to Majali village of Hukkeri Taluk and while
construction of Rajalakamanagouda Reservoir his lands were
also submerged and he was rehabilitated at Prabhu Nagar in
Khanapur taluk. Prior to submerge of the lands, the father of
the respondent, Irabasappa was looking after the agricultural
lands of deceased Smt.Neelavva, since she was living alone,
without any support.
8.
It is stated that when the family of the respondent shifted
to Prabhu Nagara village in Khanapur taluk, Smt.Neelavva
approached his father and asked him to assist her in cultivating
the lands. Accordingly, the father of the respondent started
cultivating the lands in question. He developed the lands by
investing men and money. The father of the respondent died
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about 11 years back and ever since then, it was the respondent
who was looking after Smt.Neelavva and was cultivating the
lands. She had great love and affection towards the respondent
and executed the last Will and testament dated 12.08.1999
bequeathing the agricultural properties in favour of the
respondent. The Will in question was handed over to the
respondent by testator Smt.Neelavva herself, few days earlier
to her death and asked him to mutate his name in the revenue
records. She died in a suspicious manner on 26.01.2000. One
Parappa Ramappa Sanadi carried her to Aravatagi village on his
Bajaj-M80 motorcycle and wi