VASANTH Vs. JAYA AND ORS.

JUDGEMENT

(1.) BOTH these appeals are filed challenging the judgment and decree of the lower appellate Court in R.A. No. 344/2006 dated 28.6.2010.

(2.) RSA No. 5742/2010 is filed by the plaintiff challenging the judgment and decree of the lower appellate Court as far as modifying the judgment and decree of the trial Court in respect of item No. 4 of the suit property i.e., Sy. No. 180 measuring 4 acres 32 guntas.

(3.) THE facts of the case in brief are that the suit properties originally belonged to the propositus Sri Sheshagiri who had three sons viz., Damodar, Tukaram and Govind. Damodar was married to Smt. Bhagirathi and he died issueless leaving behind his wife Smt. Bhagirathi on 8.11.1970. Smt. Bhagirathi adopted the plaintiff Sri Gopal, son of Tukaram, in the year 1971. Smt. Bhagirathi executed the registered Will bequeathing half portion of the suit properties in favour of Sri Vasant (son of Govind), the plaintiff herein. The plaintiff instituted O.S. No. 4/1998 seeking a declaration that the plaintiff is the owner in respect of half share in the suit properties pursuant to the Will executed by Smt. Bhagirathi on 2.8.1996 inter alia claiming for partition and possession of the said half share and consequential relief of injunction against the defendants restraining them from alienating the suit property and obstructing the enjoyment by the plaintiff. The defendant was represented through the power of attorney holder and the suit was contested. After considering and evaluating the evidence on record, the trial Court decreed the suit. The defendants preferred appeal challenging the said judgment and decree of the trial Court and the same came to be partly allowed modifying the judgment and decree of the trial Court as far as item No. 4 of the suit property is concerned. The plaintiffs are before this Court challenging the said judgment of the lower appellate Court to the extent of modifying the judgment and decree of the trial Court. The defendants are before this Court challenging the genuineness of the Will dated 2.8.1996 executed by Smt. Bhagirathi in favour of the plaintiff Vasant.