H S SHIVARAJU Vs. MANJULAMMA

JUDGEMENT

(1.) This miscellaneous second appeal is directed against the judgment dated 17.10.2008 in R.A. No. 24/2007 whereby the judgment of the trial Court in O.S. No. 185/1994 dated 07.01.2005 on the file of Prl. Civil Judge, Junior Division and JMFC, Mandya has been set aside and suit is remanded directing the trial Court to record its finding on all the issues framed by it.

(2.) The 2nd Defendant/Respondent is in this appeal.

(3.) Heard. From what is urged and the reasons assigned by the learned trial Judge and the appellate Court, it is noticed that Smt. Manjulamma the first Respondent herein had filed a suit against the Appellant and others seeking decree to declare her as legatee under will executed by the owner of the properties in question. The Appellant and other Respondents resisted the suit denying genuineness of the will, its validity and questioned maintainability of the suit referring to provisions of Section 213 of the Indian Succession Act which according to them bars a Hindu from seeking any declaration as legatee unless probate is obtained.