IRAVVA Vs. KALLAPPA

JUDGEMENT

(1.) The plaintiffs have filed the present petition challenging the order passed by the FDP Court on an application (I.A. No. 14) under Ss. 151, 152, and 153 of the Code of Civil Procedure, 1908 ("CPC"). The plaintiffs sought modification of the preliminary decree, asserting that their mother, who was allotted a 1/12th share, had bequeathed her share to them through a registered Will dtd. 22/11/2011. The FDP Court rejected this application, citing that although the Will was produced and two witnesses were examined, there were no supporting pleadings. This order is now under challenge.

(2.) Heard the counsel for the petitioners/plaintiffs and the counsel for the respondents/defendants. Reviewed the challenged order.

(3.) Before discussing the facts of the case, it is pertinent to outline the family tree of the parties involved: <IMG>JUDGEMENT_218_LAWS(KAR)6_2024_1.jpg</IMG>