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2023 Supreme(Online)(KAR) 967

HIGH COURT OF KARNATAKA
MR SURAJ GOVINDARAJ, MR G BASAVARAJA, JJ
SMT. ANNAPURNA W/O SHEKHARAPPA KHURSAPUR – Appellant
Versus
GANGADHAR@ GANGAPPA S/O VEERAPPA ARALI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. DINESH M KULKARNI
For the Respondents: SRI. S.N BANAKAR

Table of Content
1. introduction to the case and parties involved. (Para 1 , 2)
2. background facts of property inheritance and execution of the will. (Para 3 , 4 , 5)
3. final ruling and confirmation of trial court's judgment. (Para 7)
4. court's reasoning on insufficient evidence and dismissal of suit. (Para 10 , 11 , 20)
5. legal principles regarding proof and execution of wills. (Para 12 , 13)

JUDGMENT

2. Brief facts of the case are:

2.2. The plaintiff’s father had kept the said registered Will deed and other important documents safely in the Almirah. The plaintiff’s father died on 01.06.2003 and the said Almirah was managed by the mother of plaintiff during her lifetime. She also died on 19.09.2012. Since the said Almirah was old one and it was rusted, while the plaintiff was cleaning and shifting all the papers and documents the Almirah on 11.10.2015, the plaintiff got the Will deed executed by her father. Thereafter, the plaintiff has obtained certified copy of the said Will deed from the Sub-Registrar office. She has also obtained the current RTC of the suit schedule ‘B’ property on 13.10.2015. The defendant No.1 and 2 have refused to give the suit schedule ‘B’ property to the plai

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