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, Palaraiah and Adavaiah died earlier issueless. Even Late Siddaiah's only son Gowraiah died unmarried and issueless. Whereas, plaintiffs no.1 to 3 were daughters of Krishnappa through first wife - Smt.Sannamma. He had also married Smt.Ramamma, who died issueless on 15.08.2003. It was further stated that lands bearing Sy.no.124 measuring