LAWS(KAR)-2011-11-375

K. KUMAR S/O LATE SRI M. KRISHNAPPA MAJOR, SRI K. SHEKAR ALIAS CHANDRASEHKAR S/O LATE M. KRISHNAPPA MAJOR AND SRI K. PRAKASH S/O LATE M. KRISKNAPPA Vs. SMT NAGARATHNA @ RATHNA W/O LATE SRI M. KRISHNAPPA MAJOR AND OTHERS

Decided On November 08, 2011
K. Kumar S/O Late Sri M. Krishnappa Major, Sri K. Shekar Alias Chandrasehkar S/O Late M. Krishnappa Major And Sri K. Prakash S/O Late M. Krisknappa Appellant
V/S
Nagarathna @ Rathna W/O Late Sri M. Krishnappa Major Respondents

JUDGEMENT

(1.) THE plaintiffs have filed this writ petition assailing the order dated 14.9.2011, passed on I.A. No. 15 in O.S. No. 4958/2000, on the fife of XLIII Addl. City Civil and Sessions Judge, Bangalore. The said suit was filed by the plaintiffs seeking partition end separate possession of their share in the suit schedule property on the basis of a registered Will dated 22.6.1996 registered on 24.6.1996.

(2.) IN order to prove their case, the plaintiffs relied upon a xerox copy of the registered Will by contending that the original Will was with the defendants 1 to 4. Therefore, an application (I.A. No. 15) was filed under Section 65 -A of the Indian Evidence Act Objections were filed to the said applications.

(3.) I have heard the Learned Counsel for the petitioners and perused the material on record.