SHIVAPPA AND ORS Vs. NINGAVVA AND ORS

JUDGEMENT

(1.) This Miscellaneous Second Appeal is filed by the defendants in O.S.No.160/1999 assailing the order passed in R.A.No.92/2004 dated 23.11.2011 by the Fast Track Court-II, Dharwad, sitting at Hubli. At this stage itself, it would be relevant to mention here that the appellants herein were the cross-objectors in R.A.No.92/2004.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status before the trial court.

(3.) The respondents herein who are the plaintiffs filed O.S.No.160/1999 seeking the relief of declaration that the alleged Will dated 14.8.1998 in favour of defendant Nos.1 and 2 executed by deceased Channappa Ningappa Narendra as null and void and was not binding on the plaintiffs and consequently, sought for partition and separate possession of 1/5th share in the suit schedule properties. The said suit was contested by defendant Nos. 1 and 2. But defendant No.3 did not appear before the court and was placed exparte. On the basis of the rival pleadings, the trial court framed the following issues and additional issues for its consideration: