ORAL JUDGMENT

This appeal arises from a divergent finding in a suit for partition and separate possession.

2. The plaint discloses three distinct schedules of properties namely Schedule 'A', comprising survey No.100/2, measuring 3 acres, schedule 'B' comprising two properties namely 1) survey No.107/p, measuring 4 acres, 20 guntas and 2) survey No.60/1 measuring 20 guntas and schedule 'C' the movable properties namely a Tractor Trailer, cash of Rs.2,00,000/- and jewellery and silver articles. Existence of suit 'C' schedule properties is not established.

3. The suit is dismissed holding that the registered Will dated 23.06.1998 executed by Rudrappa, the propositus, in favour of defendant No.2, defendant No.10, the wife of defendant No.2 and defendant No.11, the son of defendants No.2 and 10 is established.

4. The plaintiff filed appeal before First Appellate Court. The plaintiff died during the pendency of the First Appeal and legal representatives of the plaintiff are brought on record.

5. The appeal is allowed, consequently, judgment and decree passed by the Trial Court are set-aside and the suit is decreed for partition and separate possession disbelieving the Will set up by defendant