BENCH AT DHARWAD
SHANKAR IRABASAPPA DODDAMANI – Appellant
Versus
BASAVANAGOUDA SHIVARAYAPPA GILAGERI – Respondent
The
appellant
has
preferred
these
appeals
being
aggrieved by the impugned common judgment and decree
dated 29.10.2005 on the file of the learned II Additional District
& Sessions Judge, Dharwad ("the Trial Court" for short)
decreeing the suit O.S. No. 7/2002 and issuing the letter of
administration with copy of the Will dated 20.12.1999 while
dismissing the suit O.S. No. 3/2004.
2.
Parties are referred to as per their ranks before the Trial
Court as mentioned in O.S.No.7/2002.
3.
Brief facts of the case are that, the plaintiff filed P &
S.C.NO.7/2000 before the learned Principle District & Sessions
Judge, Dharwad, claiming issuance of letters of administration
in respect of the Will dated 20.12.1999 said to have executed
by Smt.Neelavva. It is contended that Neelavva Parappa
Huddar is the paternal aunt of the petitioner. Her husband
Channabasappa Chougale died about 15 years back leaving
behind his wife as his only legal heir. Neelavva had movable as
well as immovable properties in Honnapur village. The
petitioner had taken care of Smt.Neelavva after the death of
- 4 -
her husband and out of love and affection Smt.Neelavva
executed the will dated 20.12.1999 in his favour bequ
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