SHANKAR IRABASAPPA DODDAMANI Vs. BASANAGOUDA SHIVARAYAPPA GIDAGERI

JUDGEMENT

(1.) The appellant has preferred these appeals being aggrieved by the impugned common judgment and decree dtd. 29/10/2005 on the file of the learned II Additional District & Sessions Judge, Dharwad ("the Trial Court" for short) decreeing the suit O.S. No. 7/2002 and issuing the letter of administration with copy of the Will dtd. 20/12/1999 while dismissing the suit O.S. No. 3/2004.

(2.) Parties are referred to as per their ranks before the Trial Court as mentioned in O.S.No.7/2002.

(3.) Brief facts of the case are that, the plaintiff filed P & S.C.NO.7/2000 before the learned Principle District & Sessions Judge, Dharwad, claiming issuance of letters of administration in respect of the Will dtd. 20/12/1999 said to have executed by Smt.Neelavva. It is contended that Neelavva Parappa Huddar is the paternal aunt of the petitioner. Her husband Channabasappa Chougale died about 15 years back leaving behind his wife as his only legal heir. Neelavva had movable as well as immovable properties in Honnapur village. The petitioner had taken care of Smt.Neelavva after the death of her husband and out of love and affection Smt.Neelavva executed the will dtd. 20/12/1999 in his favour bequeathing both immovable and movable properties.