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2025 Supreme(Online)(Kar) 26322

KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
SMT. SHARADA W/O. BASANAGOUDA PATIL, SINCE DECEASED REP. BY HER L.RS.APPELLANTS NO.2, 3 AND 4 – Appellant
Versus
SMT. SHIVAGANGAWWA W/O. SIDDAPPA YALLUR – Respondent


Advocates:
For the Appellants/Petitioners: SRI SANJAY S.KATAGERI
For the Respondents: SRI P.G. NAIK

Table of Content
1. understanding of the original family structure. (Para 1 , 2)
2. defendants claim ownership based on a will. (Para 3 , 4)
3. identification of suspicious circumstances surrounding the will. (Para 8 , 28)
4. arguments for and against the will's validity in court. (Para 9 , 10 , 11 , 12)
5. final order to dismiss the appeal. (Para 30 , 31)

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This appeal is filed by defendant Nos.1 to 4 in the suit, challenging the judgment and decree dated 29.11.2014, passed in O.S.No.323/2007, by the Court of I Additional Senior Civil Judge, Gokak, whereby the suit filed for partition is decreed and the plaintiff is granted 1/3rd share in all the suit schedule properties except in suit schedule item Nos.5 and 6.

2. The plaintiff has filed a suit for partition claiming 1/3rd share in all the suit properties. It is not disputed that one Siddanagouda is the original propositus. Kashawwa is wife of Siddanagouda. Both Siddanagouda and Kashawwa had three children namely, Basanagouda, Shivagangawwa and Bhimagouda. Plaintiff is daughter of Siddanagouda and Kashawwa and defendant No.1 is wife of Basanagouda and defendant Nos.2 to 4 ar

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