SRIDHAR Vs. D. PRABHAKAR

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 15.04.2010 passed by the learned V Additional District & Sessions Judge, Mysore, allowing R.A. No. 1145/2009 by setting aside the judgment and decree passed in O.S. No. 439/1999 and consequently decreeing the suit filed by the plaintiffs with costs.

(2.) APPELLANTS were defendants 1 & 2 in the Trial Court. Respondents 1 & 2 were the plaintiffs. The 3rd defendant before the Trial Court has not joined the appellants in filing this appeal and that is why he has been arrayed as respondent No. 3.

(3.) PARTIES let in their evidence on the issues framed by the Trial Court. The Trial Court recorded a finding that the Will dated 12.12.1957 executed by late Doreswamaiah in favour of his daughter Savithramma though purported to confer only life interest, by virtue of operation of Section 14(1) of the Hindu Succession Act, 1956 (for short, 'the Act') the limited right conferred on Savithramma blossomed into absolute right and Savithramma became the absolute owner of the same and therefore, the plaintiffs were not entitled for any relief. Thus, the suit filed by the plaintiffs was dismissed.