CHAMPABAI AND ORS. Vs. MAHADEV AND ORS.

JUDGEMENT

(1.) DEFENDANTS 3 to 5 in O.S. No. 3 of 2003 on the file of II Additional District Judge, Belgaum, have come up in this first appeal impugning the judgment and decree dated 22/08/2007.

(2.) THIS appeal is filed with inordinate delay of 1962 days. Hence, application in I.A. 1 of 2013 is filed seeking condonation of the same for which objections are filed by the counsel for respondent No. 1, who is the plaintiff in the Court below. Heard the learned counsel for the appellants and as well as the contesting respondent No. 1, perused the affidavit filed in support of I.A. 1 of 2013 and also the statement of objections filed to the said application. On going through the same it is seen as under:

(3.) IT is seen that subsequently Siddappa Halabhavi died on 23.08.1995, i.e., after 4 months 13 days after the Will is executed and thereafter the proceedings under the provisions of Probate and Succession Act was initiated seeking letter of administration for the Will dated 10.04.1995. In the said proceeding notice was duly served on the widow of deceased Siddappa Halabhavi, his son Shivaputra and three daughters who are appellants herein. It is only defendant No. 4 who filed the written statement contesting the Will. So far as other defendants, namely, defendant No. 1 who is widow of Siddappa Halabhavi, defendant No. 2 who is the eldest son and defendant Nos. 3 and 5 who are other daughters did not file any written statement opposing the said Will. Thereafter, the proceedings in P & S.C. No. 5/2000 was converted into original suit in O.S. No. 3/2003.