SIDDANAGOUDA AND OTHERS Vs. GADIGEWWA AND OTHERS

JUDGEMENT

(1.) This second appeal is filed under Section 100 of the Code of Civil Procedure, 1908, by the appellants challenging the judgment and decree passed by the IV Additional District and Sessions Judge, Dharwad in R.A.No.57/2015 whereby the judgment and decree passed by the III Additional Senior Civil Judge, Dharwad in O.S.No.94/2003 is confirmed.

(2.) For the sake of convenience, the parties are referred as per their status before the trial court.

(3.) The plaintiffs filed O.S. No.94/2003 against the defendants for the relief of partition and separate possession of suit schedule properties contending that their father Satayya, who died on 15.04.1997 had three daughters, namely, plaintiffs No.1 and 2, and mother of defendants No.1 to 3. It was alleged that the defendants who were residing with Satayya created a fake Will by playing undue influence and fraud on him and the said Will is not binding on them and they are entitled for their legitimate share in suit properties. The defendants appeared in the suit proceedings and contested the same. The trial court, on the basis of the pleadings of the parties, framed five issues. On appreciation of evidence, decreed the suit in part allotting 2/3rd share to plaintiffs No.1 and 2 and 1/3rd share to defendants No.1 to 3. Aggrieved by the same, the defendants preferred appeal before the lower appellate court, which came to be dismissed confirming the judgment and decree passed by the trial court. Hence, this second appeal.