HANAMAVVA W/O BHIMAPPA DAMUR; BHIMAPPA NINGAPPA DAMUR AND ORS Vs. MUDAKAVVA W/O FAKIRAPPA YENNI; BASAPPA SANGAPPA BADIHAL AND ORS

JUDGEMENT

(1.) R.S.A.No.1146/2002 was admitted on 02.04.2004 and the following substantial question of law was framed:

(2.) R.S.A.No.25/2003 is filed by the plaintiff and R.S.A.No.1146/2002 is filed by the defendants. During the course of the judgment, parties would be referred to as per the ranking in the trial court. The facts leading to the filing of these appeals can be summarised as follows:

(3.) Mr.S.S.Patil, learned counsel appearing for the plaintiff in support of substantial question of law submits that the evidence which is let in by the parties more so DW-1 in support of the Will has not been properly considered. It is the case of the plaintiff that in a given set if circumstance, the Will could not have been acted upon thus depriving the plaintiff of her legitimate half of the remaining 1/3rd share. Thus, she is entitled for half a share.