LAWS(KAR)-2011-9-85

R. SHARMILA W/O. D.N. SRINIVAS Vs. SRI. R. UMESH S/O. LATE N. RAMAIAH REDDY, SMT. H.V. NIRMALA AND R. RAKESH BABU S/O. H.V. NIRMALA

Decided On September 20, 2011
R. Sharmila W/O. D.N. Srinivas Appellant
V/S
Sri. R. Umesh S/O. Late N. Ramaiah Reddy, Smt. H.V. Nirmala And R. Rakesh Babu S/O. H.V. Nirmala Respondents

JUDGEMENT

(1.) APPEAL is by the Plaintiff challenging the order of the XXXVII Addl. City Civil Judge, Bangalore in OS 7592/2000 on 28.8.2008.

(2.) SUIT was filed by the Plaintiff seeking for declaration that the judgment and decree passed in OS 7266/1996 by the City Civil Judge is not binding on the Plaintiff and to declare that Plaintiff is the full and absolute owner of the suit schedule property in view of the registered Will dated 12.3.1980 executed by her father late Ramaiah and for the consequential relief of injunction against the Defendants from alienating the suit property and also from interfering with her peaceful possession and enjoyment.

(3.) IT is stated, Defendants 1 to 3 alleging that there is a Will dated 20.5.1995 executed by late Ramaiah Reddy, filed OS 7266/1996 and obtained a collusive preliminary and final decree behind her back and she is not a party to that proceedings. Stating that Defendants 1 to 3 have no right, title or interest over the plaint schedule property i.e., in respect of site No. 7 and sites 8 -12, suit came to be filed.