JOYCE PUSHAPALATH KARKADA ALIAS SHIRI AND GEETHA HIDI SHIRI Vs. MRS. SHAMEELA NINA, RAVINDRA SHIRI AND NAVEETHA SHREYA

JUDGEMENT

(1.) THIS is an appeal by defendants 1 and 2, in a suit for partition. Plaintiff no. 1 was the widow of one Ravindra Shiri. Plaintiff no. 2 was the minor daughter of Plaintiff no. 1. The defendants were the daughter and grand -daughter, respectively, of one Suvarthappa Karkada. The parties are Indian Christians. The suit properties belonged to Karkada. The same consisted of property bearing No. 76, at Badagubettu village, Udupi Taluk, measuring about 1.27 acres. The property comprised of a residential house, four tenanted premises and a saw mill, in the name and style of, Hindustan Saw Mill. Karkada is said to have died on 13.10.1985. His wife, Gertrude Karkada had also died on 14.6.1995. Defendant no. 1 was the only daughter of Karkada.

(2.) THE plaintiff no. 1 claimed that her husband, Ravindra Shiri was the son of defendant no. 1, Joyce Pushpalatha and her husband, Joseph Sudarshan Siri. It was claimed that Suvarthappa Karkada had executed a registered will dated 21.4.1984, bequeathing his properties in favour of the following:

(3.) AFTER the death of Suvarthappa and Gertrude Karkada, defendant no. 1 is said to have sought for grant of probate in respect of the will of Suvarthappa, as the named executrix thereof, in proceedings in P& SC 37/2000 before the Court of the District and Sessions Judge, Mangalore. Probate was granted in her favour.