VENKATARAMANAPPA Vs. NIL

JUDGEMENT

(1.) Heard learned counsel for the appellant. This miscellaneous first appeal is filed against the order of rejection of P and S.C.No.2/2021 on the file of I Additional District Judge, Kolar.

(2.) Learned counsel for the appellant would contend that the Trial Court committed an error in dismissing the petition. The counsel, in support of his argument, produced memo along with photograph of the testator and also photographs for having attended final rituals of the testator. The counsel also produced prescription to show that appellant himself took the testator to hospital and also produced medical certificate and copy of Voter ID. The counsel also produced additional affidavit evidence of P.Ws.1 to 3 and so also the medical prescriptions issued in respect of late Kondappa dtd. 5/8/2018, 22/8/2018 and 25/10/2018 and copy of mutation extract is also produced. Learned counsel also brought to notice of this Court the fact that Trial Court while considering the matter made an observation that copy of M.R.No.5/95-96 is not produced and prays for this Court to set aside the order and grant an opportunity to the appellant to place all these documents before the Trial Court.

(3.) Having heard learned counsel for the appellant and having considered the grounds urged in the appeal and also the additional documents placed before this Court, wherein the appellant has produced photographs and also medical prescriptions, to show that the appellant was there with the deceased at the time of his death and contend that witnesses, who have been examined deposed before the Trial Court with regard to sound state of mind of the testator though he passed away within 15 days of execution of Will. The counsel also brought to notice of this Court that an observation is made that the Will produced before the Trial Court does not appear to be the original document, but its colour Xerox/photocopy, but the same is the original on verification and the matter be considered afresh along with additional evidence.