VEERAJAMMANI, W/O. LATE SRI C. BASAVARAJE URS AND DR. M.B. GAYATHRI, D/O. LATE C. BASAVERAJE URS Vs. M.B. MEENAKSHI, D/O. LATE C. BASAVARAJE URS

JUDGEMENT

(1.) THE Petitioners are the Plaintiffs and the Respondent is the 6th Defendant in O.S. 140/01 pending on the file of the II Addl. Civil Judge (Sr. Dn.), Mysore. The suit is for partition and separate possession. Plaintiff No. 1 is the mother of Plaintiff No. 2 and Defendants 1, 5 and 6. On account of the events which have taken place after the institution of the suit, the relief in the suit is now confined with regard to the property measuring about 53,335 Sq.feet.

(2.) THE Plaintiffs claim that the Respondent was in difficulties, approached for financial help, in return to relinquish her right in respect of 53,335 Sq.feet of property and that, they paid Rs. 15,00,000/ - to Defendant 6 who signed a memo dated 18.1.07 and relinquished her right in respect of the said extent of property.

(3.) THE memo dated 18.1.07 was filed by the Plaintiffs in the Trial Court on 2.3.10. The Respondent / Defendant 6 filed statement of objections to the memo. The 2nd Plaintiff deposed as PW -1. 6th Defendant deposed as DW -1. Considering the rival contentions and appreciating the evidence, the Trial Court has held that, the memo dated 18.1.07 marked as Ex.P10 is not free from doubt and hence, the same is a fraudulent document. Challenging the said finding on the memo vide order dated 29.6.10, the Plaintiffs have riled these writ petitions.