DECREE

DT.29.11.03

PASSED

IN

O.S.NO.23/97 ON THE FILE OF THE III ADDL. DISTRICT

JUDGE,

D.K.,

MANGALORE,

DISMISSING

THE

SUIT

SEEKING AN ORDER FOR GRANT OF PROBATE.

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 25.11.2022, COMING ON FOR

'PRONOUNCEMENT OF JUDGMENT', THIS DAY THE COURT

DELIVERED THE FOLLOWING:-

JUDGMENT

1.

The present appeal is directed against the

judgment and decree dated 29.11.2003 passed in OS

No.23/1997, on the file of the III Addl. District Judge,

Dakshina Kannada, Mangaluru.

4

2.

Parties

are

referred

to

as

plaintiff/s

and

defendants for the sake of convenience, as per their

original rankings before the Trial Court.

3.

Brief factual matrix for the disposal of the appeal

are as under:

A petition came to be filed by the plaintiff in P & SC

No.39/1997 seeking grant of probate in respect of the

registered Will of late M. Vishwanatha Rao dated 9.6.1992

registered in the Sub-Registrar's Office of Mangaluru Taluk.

It is further contended that the said Will is the last Will or

testament of M.Vishwanatha Rao when he was in sound

state of mind and body.

4.

After issuance of Notice, since there was a

contest by the respondents, by order dated 30.07.1997

the sa