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2021 Supreme(Online)(Kar) 294

KARNATAKA HIGH COURT
N. S. Sanjay Gowda, J.
Gangamma Rangappa v. Rangaiah late Ambalappa and Others


1. One Erappa had four sons namely Rangappa, Mudlappa, Dasappa and Thimmanna.

2. Gangamma - petitioner herein is the daughter of Thimmanna, the youngest son of Erappa. She filed a suit seeking for a declaration that she had become the owner of 'A' schedule property by virtue of a registered Will dated 02.11.1992 executed by her father Thimmanna and she also sought for a consequential decree of injunction.

3. The said suit was filed against the children of her paternal uncle and her siblings.

4. Gangamma, during the course of her deposition, sought to produce a document which was titled as a 'Release Deed'. Under the said Release Deed, her sisters were stated to have relinquished their share in favour of the petitioner by receiving a sum of Rs.7,500/- each.

5. In the said Release Deed, there was also a recital that their father - Thimmanna had executed a registered Will in favour of the petitioner and thereby, the petitioner had become the owner of the property by virtue of the bequest made in her favour. The said Release Deed was not registered and was printed on a stamp paper of Rs.70/-.

6. The Trial Court, by the impugned order, refused to receive the said document in evidence on





































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