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HIGH COURT OF KARNATAKA
RAVI V HOSMANI, J
SMT. MASTHAMMA, SINCE DECEASED BY HER LRS. – Appellant
Versus
R.D. GNANAIAH – Respondent
| Table of Content |
|---|
| 1. facts and background of property ownership dispute. (Para 3 , 4 , 5 , 6) |
| 2. arguments presented by both parties on the validity of the will. (Para 13 , 15 , 16 , 17) |
| 3. legal analysis regarding the execution and validity of the will. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 4. final ruling and conclusion of the appeal. (Para 28) |
JUDGMENT
Challenging judgment and decree dated 15.12.2012 passed by Presiding Officer, Fast Track Court, Chikkamagaluru in R.A.no.32/2011 and decree dated 03.01.2011 passed by Additional Senior Civil Judge, Chikkamagaluru in O.S.no.210/2004, this appeal is filed.
2. Appellants herein were plaintiffs, while respondent herein were defendant and will be referred to as such herein.
3. O.S.no.210/2004 was filed seeking for declaration about alleged Will executed by Smt.Ramamma on 28.07.1988 as null and void; to declare plaintiffs as absolute owners in possession of suit schedule properties and for permanent injunction restraining defendant from interfering with plaintiffs possession over suit schedule properties etc.
4. In plaint, it was stated that one Kenchaiah of Lakya village had four sons i.e. Palaraiah, Siddaiah, Krishnappa and Adavaiah. Amongst them,
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