LAXMAVVA W/O CHANNABASAPPA BHAVANUR Vs. LAXMAVVA W/O NEELAPPA SYAGOTI; SHEKHAPPA S/O NEELAPPA SYAGOTI AND ORS

JUDGEMENT

(1.) This second appeal assails the judgment and decree passed by the additional Civil Judge (Sr.Dn.), Gadag dated 29.2.2008 in R.A. No.64/2004 by which the judgment and decree passed by the Court of Civil Judge (Jr.Dn.) at Lakshmeswar in O.S. No.268/1995 dated 3.7.2004 was reversed.

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

(3.) The appellant herein who was the plaintiff in O.S. No.268/1995 filed the suit seeking the relief of declaration that she is the owner of the suit schedule property based upon a will said to have been executed by her brother Neelappa Shivappa Syagoti dated 3.4.1991. According to the plaintiff, Neelappa died on 6.4.1991 in Narayanapura Village. That the said Neelappa was married to Laxmavva but the relationship between Neelappa and Laxmavva was not good, therefore, there had been a separation for over thirty five years and that Laxmavva was residing at Kalakeri Village along with her children and that it was the plaintiff who was residing with Neelappa. That on account of love and affection towards her, he had executed a will bequeathing the suit property to the plaintiff and therefore she was in possession of the same. That defendant No.1 has no status as the wife of Neelappa. Defendant Nos.2, 3 and 4 are the daughter and sons of Neelappa respectively. Since, the defendants tried to trespass the suit property and denied her right to the suit schedule property therefore, she filed the suit seeking declaration of title and consequential injunction.