High Court Karnataka High Court

Smt Chandu Hengsu vs Smt Kustu Hengsu on 2 November, 2009

Karnataka High Court
Smt Chandu Hengsu vs Smt Kustu Hengsu on 2 November, 2009
Author: H.G.Ramesh
R.S.A.25 18 g 2007
1

IN THE HIGH COURT OF KARNATAKA AT 

DA'rED THIS THE 2ND DAY OF   4' 

BEFORE V V _
THE HON"BLE MR.    
R.S.A.NO.25_1_8zVi_2;Q;(§_?3j;.' " AA
BETWEEN: V  

Smt. Chandu Hengsu

Adult  ,

D/0. late Kuppa Poojary _  «

Jadkalvillage   '

KundapuraTa1u1g--.«&   V    
UdupiDistrict--%"376§2'Q1 _     "   APPELLANT

{By Sri;:SAV§if1'é.;:aat'V ':'\r»1'2m:V('§ -Sizetiy. Adv.)
AND: ' 4 ' M ' '

1. fiiustu Eieng$'LV1 
  /0. Iatefiuppa Poojary

Adfilt

V' "  *   sri Sadhu

= ._ _,Adu1t

  VA  Smt. Devaki

Adult

« 6. Smt". Jaya

Ad ult.



R.S.A.25l8;f2007

7. Sri Mani
Adult

R-2 to Rm'? are the

Children of R-1 herein

And are r/a. Shelkodu _'
J arnbradimane, Jadkal Vi11age:'&A'Poei'.' 
KundapurTaluk   7
Udupi District - 5"?'6 201

8. Sanju
Adult
9. Susheela
Adult.
10. Girija      
Adult     
1 1. Sgaroja. 1 ll 
Adltilil
12. Ravili
Adult".

_  Rm--£iCi:<i "R.-l2 herein are
_  ..the_ehildren_ oi'Chandu Hengsu

 i[e»..,l'ap'pell.ar1t herein and all of

A "'Vi:hem-a;-*eA'1='/0. Selkodu Ofdadkal Village

*~.__Ku_ndapjIur Taluk & '
Uxdlupi District -- 576 201  RESPONDENTS

. " ._&[Byl'"lSri. H. Jayakar Sheity. Adv. for R1 to R-7
* ._ Ml.-2-8 to R42 served]

This appeal is filed u/55.100 of CPC against the

0 " jiidgment and decree clt'.d.2.4.2007 passed in RA. No.57/2002
0. ' on the file of the Civil Judge. (Sr. Dn.}, Kundapura. allowing

the appeal and setting aside the judgment and decree dtd
04.03.2002 passed in C).S.l\i0.i59/I987 on the file of the Pr].
Civil Judge (Jr. Dry}. Kundapura.



R.S.A.2518»/A2007
3

This appeal coming on for Admission, this day-,'--.__the
Court delivered the following: i "

JUDGMENT

This second appeal by themMplaint.iff”=isf_»diieeetedu it

against the judgment and decree vzdatwl

by the Lower Appellate C(3UI’iT:t’V1′”i’¥3.. Courtfiof.’CVi.yi1..J1_13dge L’

(Sr.i)n.), Kundapura, in theApapupeai”.._in i5{.Pi..NA0.f:57/2002
which was filed by defen’d–a.nt_ the impugned

judgment, the 1_._§jw__er reversed the

judgment it in the suit in
“dismissed the suit of the

appeliaiatp1sin¥riff’fi1ed’ for partition claiming 1/15 share

in the pieperties.

heard the learned Counsel for the

_ appe’I’iant”é1nd perused the judgments of the two Courts

k V’ ‘ – loeiow.

‘ The plaintiff and defendant No.1 are sisters. It

it is not in dispute that occupancy right relating to the suit

dd properties granted in their fathermiiuppa Poojary who

\ it,
ii; 3/

R.S.A.251_8g2007
4

died in the year 1985. It is the ease of defendant No.1

that her father had executed a Will–Ex.D.22 dated

12.4.1983 and was registzered in the office of

Registrar. Byndoor; by the said Will his

bequeathed all the suit properties :’;1i”h’er.

4. The Lower Appellate.Courtn.oh–._a rega.ppreeia;t.lo’nd’V’

of the evidence on record has that of
the trial Court. was thlatuvvthe suit

properties jéieduiredldloroperties of the father-
Kuppa Foojary Registered Will~Ex..D.22

executed by him was dulgz proved. In this Context, it is

relexréint to following observations made by

Court at paras 31 81 32 of its

A l .jucigifiner1*:i’

3 H As stated supra, Ex.D.22 is :1 registered
dd No doubt, Will is not compulsorily
registerable. The overleqfqfpage No.1 0fEx.D.22
clearly goes to Show that Kappa Poojary
appeared before the Sub Registrar Office,
I:3_z;r1dorr and I-7u,.=.;’3 arzci lf)u_.=..2 have identified said

E3 /
,
1

R.S.A.2518[20{)7

5

Bgndorr and. Pw.3 and Du»? have identified_said4’i:”‘V;~
Kuppa Poojarg before the Sub Registrar, H

and accordingly, the Sub Registrar

obtained LTM of said Kilppw po£g;:rga:Vz’d___

registered the Will. Therefore, i£A.is’v–clear.tE1avt the’: l
defendant Na} has lesutoblishedhl athe

execution of the Will,

32. According’ to plairttijf. -there is a
suspicious e’ireu:7’Lf;iai’ice, ‘sihce Poqjarg

has disinherited hils iahothjervldauglhter, plaintfi

anri”hi.s’iu§{:;,Fe ‘l3ut in page No.1 of
said Will: 22, Kuppa Poqjary
has lCle_larly his daughter Chandu
Iffoojarg separate house and agricultural

and hefftriancial condition is also good

V-itTaadfltlierefore. he is bequeathing all his

H his another daughter Krishni

‘”f«’o(yari=t’l’ig, Since Krtshni Poojarthg was residing

g wilthdhim and she was looking after him and his

Kappa Pocgjarg has also stated in page

No.2 of Ex.D.22 that he is aged about 80 years
and his wife Sheshi Poojarthi is also aged one
and Krishni Poqiarthi, defendant No.1, should
look after their welfare and health.”

1
gig
/

R.S.A.25 18[2007

6

5. I find no error in the I’€”appF€Ci8J;§0’11′[Qfl

evidence made by the Lower Appellate

opinion, no substantial questian Zoffllawh’ …aris’e’s,_ for.’

determination in this see0r1d<appea1." grer.u'f:{_i,t4_Q aclirnvit

the appeal. The appeal is a1c:<:opd"ip_gly V}

Appeal Sd/_