The petitioners are all daughters of Sri Yallappa

B.Patil, who was the sole plaintiff in O.S.No.418/2019. Sri

Yallappa B.Patil had filed O.S.No.418/2019 seeking a

declaration to declare him as the absolute owner of suit

property in RS No.99/1 measuring 4 acres, by virtue of a

registered Will dated 04.09.2018 executed by his daughter

Smt.Sumithra. It was contended that Smt.Sumithra who

had

executed

a

registered

Will

dated

04.09.2018

bequeathing her rights in respect of the land in question in

favour of her father, died subsequent to the execution of

the Will. On the strength of the registered Will, Sri

Yallappa B.Patil sought for such a declaration at the hands

of the Principal Senior Civil Judge, Gokak.

However, during the course of the suit, the sole

plaintiff Sri Yallappa B.Patil died on 09.02.2020. Therefore

the petitioners herein filed I.A.No.2 under Order 22 Rule 3

of

CPC

with

a

prayer

to

permit

them

as

legal

representatives of the deceased plaintiff Sri Yallappa

- 5 -

B.Patil to be brought on record. The said application has

been dismissed by the trial court on the ground that

Smt.Sumithra acquired the property under the alleged Will

towards her maintenance in the suit