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HIGH COURT OF KARNATAKA
MR. SACHIN SHANKAR MAGADUM, J
SRI MANCHAIAH S/O LATE KULAVADI JAVARAIAH SINCE DEAD RERPRESENTED BY HIS LRS – Appellant
Versus
SRI ANDANI S/O LATE KULAVADI JAVARAIAH SINCE DEAD ON 06.01.2020 – Respondent
| Table of Content |
|---|
| 1. factual background of partition and inheritance claims. (Para 4 , 5 , 6) |
| 2. arguments against the validity of the wills presented. (Para 13 , 14 , 15) |
| 3. court's analysis on the authenticity of the wills. (Para 20 , 22 , 23) |
| 4. testator's intent and will execution clarity. (Para 29) |
| 5. final ruling affirming trial court's judgment. (Para 31) |
JUDGMENT
These two captioned second appeals are filed by defendant Nos.5 to 8 and defendant Nos.9 and 10. RSA.No.541/2006 is filed by the legal heirs of defendant No.2 who are asserting right in respect of item No.2 questioning the judgment and decree of the Appellate Court, whereas RSA.No.649/2006 is filed by defendant Nos.5 to 8 who are the children of defendant No.1 questioning the judgment and decree of the Appellate Court in reversing the decree of the trial Court and granting share to the plaintiff.
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
3. The family tree of the parties is as under:
4. The facts leading to the case are as under:
The plaintiff is the eldest son of one Kulavadi Javaraiah who had three sons and two daughters. The plaintiff has filed the present suit seeking
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