GANGAPPA REVANSHIDDAPPA HUNDEKAR Vs. GANGAPPA MALLESHAPPA HUNDEKAR

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council, arising under the following circumstances:-

(2.) A suit was brought by one Gangappa Rudrappa Hundekar in the Court of the First Class Subordinate Judge at Bijapur substantially to have it declared that he was the adopted son of the deceased Rudrappa Hundekar against Chanbasava kon Rudrappa and others. The suit was decided on the 12th February 1909 in favour of the plaintiff. Chanbasava preferred Appeal No. 61 of 1909 to this Court against the decree in the said suit. On the 7th August 1909 an application was made by one Virupakshappa to be joined as a co-appellant with Chanbasava and to continue the appeal with her alleging that he was adopted by Chanbasava on the 12th May 1909. The application was granted on the 13th August 1909 subject to any objections the respondents might have to urge at the hearing. Chanbasava is stated to have died about 15th October 1910 but apparently no application was made by any one to be brought on the record as her legal representative. Virupakshappa died on the 3rd July 1912.

(3.) One Gangappa Revanshidappa Hundekar made an application (No. 547 of 1912) to this Court to be brought on the record as the legal representative of the deceased Virupakshappa. He claimed to be his legal representative on the strength of a will said to have been executed by Virupakshappa. An issue was sent down to the lower Court as to the factum and validity of the alleged will. The lower Court recorded the evidence and returned its finding to this Court. The application was then heard by us with the result that the will of Virupakshappa was held not proved. We accordingly rejected the application on the 29th August 1913. On the same day we granted the application of the natural heirs of Virupakshappa (Civil Application No. 572 of 1912) to be brought on the record as the legal representatives of Virupakshappa. The main appeal (No. 61 of 1909) is still pending in this Court.