GADIGEPPA Vs. SMT. BASAVVA RAYAPPA GURLAHOSUR

JUDGEMENT

(1.) This appeal is by the plaintiffs. An appeal filed by the defendant having been allowed and the suit dismissed by the lower Appellate Court, this appeal was filed assailing the Judgment and Decree dated 16.12.2005 passed in R.A. No. 228/2002 by the I Addl. Civil Judge (Sr. Dn.), Dharwad.

(2.) The appellants filed O.S. No. 103/1998 against the respondent No. 1 to pass a decree of declaration that they have become the absolute owners of the suit schedule property by virtue of a Will executed in their favour on 30.03.1984 by deceased Ramappa Gadigeppa Guralhosur. A declaration was also sought that the defendant is not the legally wedded wife of deceased Ramappa Gadigeppa Guralhosur. Consequential decree of permanent injunction was sought against the defendant from interfering with the possession and enjoyment of the suit schedule property. The suit was contested. The Trial Court raised seven issues and two additional issues. The parties led their evidence. The Trial Court by a judgment dated 23.11.2002 decreed the suit in part and declared the plaintiffs as having become the owners of the suit properties by virtue of the Will dated 30.03.1984 and the defendant was restrained from interfering with the plaintiffs' possession and enjoyment of the suit properties. The prayer of the plaintiffs to declare that the defendant is not the legally wedded wife of Ramappa Gadigeppa Guralhosur was rejected.

(3.) An appeal having been filed by the sole defendant, which was registered as R.A. No. 228/2002, the I Addl. Civil Judge (Sr. Dn.), Dharwad, raised the following points for consideration: