NARENDRA PRASAD P. Vs. N. SUJATHA

JUDGEMENT

(1.) This Criminal Revision Petition is filed praying this Court to set aside the order dtd. 6/2/2019 passed by the Court of Principal I Civil Judge and JMFC, Mysuru in P.C.No.1918/2018, restore the same and direct the Court to proceed with the matter in accordance with law.

(2.) The factual matrix of the case of the prosecution is that on 3/3/2010, the petitioner filed O.S.No.138/2010 in the Court of the II Additional Senior Civil Judge, Mysuru against the respondent No.1 and three others for declaration of title in respect of the land bearing Sy.No.8/2, Martikhyathanahalli, Jayapura Hobli, Mysuru Taluk measuring 20 guntas in extent.

(3.) The petitioner claims that he is the legal heir of deceased M. Puttegowda as his son. His grandson is Aditya Jagannath. The respondent No.1 claimed in the said suit that she is the foster daughter of M. Puttegowda and further claims that deceased M. Puttegowda has executed a Will dtd. 7/2/2003 bequeathing the property in question to her and therefore, she is the owner. The Trial Court has framed the issue as to whether she has proved that M. Puttegowda has bequeathed the suit property in her favour as per the said Will. The respondent No.1 claims that Will was executed on 7/2/2003 in the presence of the witnesses before the competent Sub-Registrar and the said Will is produced and marked as Ex.D3. She further claims that Ex.D3-Will was got registered four years after the death of M. Puttegowda and she does not know how in Ex.D3, who wrote 'erased ' and as to why it is so done. The said Will was presented for registration on 13/3/2008 and the signature of Ramu is removed by ink after registration.