SHIVAKUMAR Vs. M. MUNIBASAMMA

JUDGEMENT

(1.) BY the impugned order, the court below has rejected the application filed seeking amendment of written statement.

(2.) O .S. No. 1178/07 filed by the respondents herein is set down for final arguments. The case of the plaintiffs is that the suit properties though are purchased in the name of the mother of the parties namely Akkayamma, the suit schedule properties are purchased by their father by utilizing joint family funds. On the other hand, the case of the plaintiffs is that the properties are joint family properties; however, the suit schedule properties are standing in the name of their mother Akkayamma. Akkayamma expired on 29.9.2013 i.e., when the matter was set down for final arguments before the court below. Immediately thereafter, the application came to be filed by the defendants for amendment of the written statement for taking a plea that Akkayamma executed her last Will dated 29.4.2006 during her life time bequeathing all the suit schedule properties in favour of the defendants. The said application for amendment of written statement is rejected on the ground that the same is highly belated and the same cannot be allowed at the stage of final arguments.

(3.) THE question, as to, "whether the Will said to have been executed by Akkayamma, to be produced by the defendants is genuine or not - is to be decided during the course of the trial. It is for the defendants to produce and prove the Will, in accordance with law.