T MAHALINGAPPA Vs. RAVINDRA S/O NIDUMANDAPPA

JUDGEMENT

(1.) The defendant Nos.2 to 4 have filed the present writ petition against the order dated 09.02.2017/13.02.2017 on I.A.No.18 made in O.S.No.29/2015 dismissing the application filed by the defendant Nos.2 to 4 under Order 6 Rule 17 of the Code of Civil Procedure, 1908.

(2.) The respondent herein who is the plaintiff in trial Court has filed O.S.No.29/2015 for declaration of title to declare the plaintiff as the absolute owner and in possession and enjoyment of suit schedule properties on the basis of Registered Will dated 13.05.1991, which was executed by Byranna, S/o Shanthappa of Dodda Chelluru Village, Challakere Taluk and further declaration that the Judgment and Decree passed by the Hon'ble Junior Civil Judge at Challakere in O.S.No.151/2008 is fraudulent, as the same is obtained by the defendant Nos.2 to 4 suppressing the fact of existence of one more LRs of Byranna and consequential relief of permanent injunction in favour of plaintiff as against the defendant Nos.2 to 4 contending that the suit schedule properties are actively described in the schedule to the plaint, which belongs to Byranna, S/o Shanthappa and his wife Bhramaramba having love and affection on plaintiff treating him as their son and Byranna executed a Registered Will in favour of plaintiff on 13.05.1991, when he was in good disposing state of mind with respect to suit schedule properties. After the death of Byranna, an application was filed by plaintiff to the Deputy Tahsildar, Nadakacheri, Parashurampura for change of katha of suit schedule properties in his name. The wife of Byranna, Smt.Bhramaramba also consented for the same. All the revenue records stands in the name of plaintiff in respect of suit schedule properties.

(3.) It was further contended that the defendant Nos.2 to 4 have filed O.S.No.151/2008 claiming that they were alone legal representatives of Byranna suppressing the existence of their younger daughter Kalyanamma, who is defendant No.1 in the suit. The defendant Nos.2 to 4 alleged that the suit was decreed ex-parte, thereafter the plaintiff filed Mis. Petition to set aside the ex-parte decree passed in the said suit against which the said matter went up to Hon'ble High Court in Revision Petition No.214/2012. The Hon'ble High Court confirmed the order passed by the trial Court on 10.06.2015.