A S NAGARATHNA Vs. A N SREEDHAR

JUDGEMENT

(1.) THIS regular first appeal is preferred by defendants 3, 3(a), 3(b) and 3(c) challenging the judgment and decree of the trial Court dismissing the suit of the plaintiff for partition and separate possession.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) ONE A. Neelakantaiah is the propositus. His wife is Smt.A.N. Bhagirathi. They had five sons namely A.N.Shivkumar; A.N. Srikanth; A.N. Sridhar; A.N.Nanjundeshwar and A.N. Jagadish and three daughters namely Nirmala, Vatsala and Sashikala. The suit is filed by A.N. Sridhar and his son Raja Subramanya, the third son of A. Neelakantaiah. The said A. Neelakantaiah died on 19.9.1983. Originally, Sri.A.N.Bhagirathamma was arrayed as first defendant in the suit. She died on 15.01.1989 leaving behind the aforesaid persons as legal heirs. Therefore, her name is deleted from the cause title itself. However, she has executed a registered Will during the pendency of the proceedings on 5.12.1988 which was marked as Ex.D17 and Ex.P3.