RAMAYYA REDDY H. Vs. SUNKAMMA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the High Court of Karnataka dated 9-12-1999 passed in Regular Second Appeal No. 709 of 1995.

(2.) One Pilla Reddy was the owner of a large number of properties. He was married twice. From his first wife he had a son H. Ramayya Reddy, the appellant herein. A partition took place between Pilla Reddy and his son H. Ramayya Reddy in the year 1973. Pilla Reddy is alleged to have executed two wills bequeathing the remaining properties, which had come to his share in partition, in favour of the sons of H. Ramayya Reddy i.e. his grandsons. His widow, Smt Sunkamma filed a suit for partition against her stepson H. Ramayya Reddy. The beneficiaries under the wills were not made parties to the suit. The trial court dismissed the suit. In appeal the judgment and decree passed by the trial court was affirmed.

(3.) Aggrieved against the judgment and decree passed by the courts below Sunkamma filed Regular Second Appeal No. 709 of 1995 in the High Court. The High Court accepted the second appeal and held that the wills executed by Pilla Reddy in favour of his grandsons were surrounded by suspicious circumstances and, therefore, the wills were not validly executed. Aggrieved by the same the present appeal has been filed by the appellant-defendant.