P N BALAKRISHNA Vs. H B BHAVANI SHANKAR

JUDGEMENT

(1.) This appeal is by the defendant Nos. 1, 3,5, 7, 8, 9 and 10 against the judgment and decree in O.S. No. 2160/ 1998 dated 7-8-2003 on the file of XXXI Addl. City Civil Judge, Bangalore.

(2.) Parties will be referred to as per their ranking in the trial Court.

(3.) Plaintiff filed P. & SC No. 49/1992 for issue of certificate of probate inter alia alleging that, P. Nagappa, father-in-law of the plaintiff died on 13-12-1990. He had executed a registered Will dated 15-3-1989 bequeathing his self-acquired property in favour of his beneficiaries under the Will. Defendants 1, 3 and 5 filed their statement admitting the relationship and death of P. Nagappa the testator, however, denied the execution of Will dated 4-1-1989 and alleged that it is a fabricated and fraudulent document.