This appeal is filed by the appellant/plaintiff for

setting aside the judgment and decree passed by the trial

court in O.S.No.5116/2005 on the file of V Additional City

Civil and Sessions Judge, Bangalore dated 15.2.2018 for

having dismissed the suit.

2. Heard the arguments of learned counsel for

appellant and the learned counsel for the legal heirs of the

respondent deceased remained absent.

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3. For the sake of convenience, the parties in this

appeal shall be referred to, in terms of their status and

ranking before the Trial Court.

4. The case of the plaintiff before trial court is that

plaintiff filed the suit for declaration to declare the plaintiff

as absolute owner of the scheduled property and to

declare the Will dated 01.12.1994 executed by the late

Rudrappa in favour of defendant, as concocted, fraudulent

Will and not binding on the plaintiff. Also seeking

permanent injunction, restoring the defendant from

interfering from the peaceful possession of the said

immovable property bearing No.69/1, III Main road, New

Tharagapet Bangalore, measuring 75 feet x 7½ feet

bounded on East by : B.Lakshmaiah setty's Mandi, West

by road, North by : S.M. Puttappa & Sons, S