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2024 Supreme(Online)(KAR) 19876

HIGH COURT OF KARNATAKA
HEMANT CHANDANGOUDAR, J
RENUKA D/O. VISHWANATH PADTHARE – Appellant
Versus
RAOSAHEB BALAKRISHNA PADTHARE SINCE DECEASED BY HIS LRS – Respondent


Advocates:
For the Appellants/Petitioners: SRI. G.B.SHASTRY, SRI.CHETAN MUNNOLI
For the Respondents: SRI. SHREEVATSA S HEDGE, SRI.B.C.PATTAR

Table of Content
1. plaintiffs claim legitimate share in property. (Para 1 , 2)
2. defendants contest the existence of joint family properties. (Para 3 , 4)
3. court reviews the trial's handling of wills. (Para 6 , 7 , 8)
4. discrepancies in witness testimony raise doubts on the will's validity. (Para 9 , 10 , 12 , 16)
5. defendants fail to convincingly prove due execution of the will. (Para 14 , 15)

JUDGMENT

Defendant Nos.1B, 1C, 1E, 2, 20, and 21 are currently in appeal, and the suit was initiated by the plaintiffs for partition and separate possession of their legitimate share in the suit schedule properties.

2. The plaint averments in brief are as follows:

The plaintiffs and defendant Nos.1 and 2 are full brothers, and defendant Nos.3 to 5 are sisters. The propositus, namely Balkrishna Padthare, with the help of plaintiff No.1, started manufacturing trunks and opened a manufacturing unit. Plaintiff No.2, who had grown up, was assisting his brother, plaintiff No.1, and his father in the business. Due to the hard and sincere work of plaintiff Nos.1 and 2 and their father, the business expanded. Out of the income from the business, an open site in land bearing R.S. No.278 of Shahapur Belag

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