G. SHAMBHAVI RAO Vs. G. JAYALAXMI RAO

JUDGEMENT

(1.) R .S.A. No. 831/2010 is directed against the judgment and decree in R.A. No. 3/2002 dated 26.11.2009 on the file of the I Additional District Judge, D.K., Mangalore and R.S.A. No. 832/2010 is directed against the judgment and decree in R.A. No. 19/2002 on the file of the same Court.

(2.) G . Jayalaxmi Rao, D/o. late Ratnakar Rao, filed O.S. No. 343/1986 on the file of II Addl. Civil Judge (Sr. Dn.) and C.J.M., Mangalore, for partition and separate possession of her 1/6th share in the suit schedule properties. The suit schedule properties belong to her father late G. Ratnakar Rao. According to her, first defendant -Smt. G. Shambhavi Rao, was the wife of late Ratnakar Rao. Defendant Nos. 2 to 5 namely, G. Vijayalaxmi Rao; G. Anuradha Rao; G. Veena Rao and G. Sudhir Rao, are her sisters and brother. Sixth defendant -Smt. Gulabi is not entitled to any share/interest in the suit schedule properties. She is making attempt for taking possession of the said properties. Hence, she is also made a party to the suit.

(3.) DEFENDANT No. 6 has filed written statement contending that the suit is a collusive one and speculative and manipulated to make unlawful gains. She had filed a suit O.S. No. 319/1983 on the file of the I Addl. Munsiff, Mangalore, against the first defendant for declaration and permanent injunction. In the said suit, the Court below has held that the first defendant was not the wife of late G. Ratnakar Rao and she was held to be the wife of late G. Ratnakar Rao. She has denied the execution of the Will by G. Ratnakar Rao.