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East by : Government Road West by : Devamma's property North by : river path (ಹೊಳೆ ದಾರಿ) South by : Anjanegowda's property {Herein after ascribed to as Suit Schedule Properties for the sake of brevity}

4. The Factual Matrix circumventing Plaint averments leading to cause of action is as follows:-

i. That, Plaintiff and her brother deceased P.Mahesh being biological children of deceased Couple G. Puttaswamy Gowda & Shantamma being members of Hindu Undivided Family and governed by Mithakshara School of Thought, wherein which, Defendant No.1 herein is the wife of deceased P.Mahesh and the Defendant No.2 & 3 are their children who are representing the estate of said Mahesh who predeceased his father, whereupon the Plaintiff and the Defendant No.1 to 3 herein are the lonely legal heirs of deceased G.Puttaswamy Gowda when factual matrix stood so, during lifetime of G.Puttaswamy Gowda, he had acquired several immovable properties, which are morefully ascribed and arrayed under various items of the schedule hereunder & hereinafter referred to as the Suit Schedule Properties (comprises intoto 22 items).

5. That, pursuant to due service of summons as against the Defendants, the primordial Defendant No.1 to 3 (wherein minor Defendant No.2 & 3 represented by their Defacto Guardian Defendant No.1) had appeared before court through their counsel, and had filed detailed written statement by denying the averments made by the Plaintiff in the Plaint and set up specific denials that late G. Puttaswamy Gowda had separated from his biological father and brothers at Keragodu village of Holenarasipur taluk and after availing loan from his friends, had started a Fertilizer shop at Holenarasipura in Hassan Taluk during the year 1950 and by carrying business in Fertilizers for substantial period had generated income and in furtherance to this after availing loan from various sources, had started Rice Mill in small scale and out of the income generated from Fertilizers and Rice Mill, had started acquiring properties out of his individual efforts, exertions and hard working, at that juncture his lonely son P. Mahesh, husband of the Defendant No.1 predeceased his father during the year 1988 at young age survived by him his wife and children, so as Defendant No.1 to 3 and said Puttaswamy Gowda, wherein which Defendant No.1 had taken up the herculean task of saving family from savages and ravages, wherein which said G.Puttaswamy Gowda who had reposed confidence in Defendant no.1 for the reasons she had become widow at early age had made up his mind to confabulate better security on the minor Defendants, whereupon had executed Registered Will dated 16/06/2006 bequeathing the properties in favour of the Defendant No.2 and 3 wherein which wife of Puttaswamy Gowda so as Shanthamma had also demised during year 1988 and unfortunately his son Sri.P.Mahesh, the lonely son of Sri.G.Puttaswamy Gowda also had predeceased in his young age leaving behind him the Defendants as stated supra, and on account of which the family of G.Puttaswamy Gowda, after the death of P.Mahesh was left in lurch as G.Puttaswamy Gowda has lost his lonely son, at that juncture Defendant No.1 had taken up the task of management and up liftment of the family and the properties and on the said walk had toiled hard to look after welfare of family of G.Puttaswamy Gowda and family properties owned by him.

7. That, the Plaintiff after obtaining the copy of the Registered Will has made the properties mentioned in the schedule therein as subject matter of suit, which have already taken various ramifications and manifestations on account of valid sale transactions to prospective purchasers and whereupon instant suit sans merit.

8. That, the item No.1 of the property mentioned in the Suit Schedule Property came to be allotted to Sri.G.Puttaswamy Gowda by Karnataka Housing Board, similarly Item No.2 of the suit schedule is a site which is allotted in favour of G.Puttaswamy Gowda by the Bengaluru Development Authority, Bengaluru akin to quota of Member of Legislative Assembly, Item No.3 is allotted in favour of G.Puttaswamy Gowda by Karnataka Industrial Area Development Board Bengaluru, Item No.4 is the property for which an Agreement of Sale is executed by one Sri.Ghanashyam in favour of Sri.G.Puttaswamy Gowda and accordingly a suit for specific performance came to be filed by G.Puttaswamy Gowda with regard to this property and in furtherance to this law suit had been filed against Mr. Ganashyam and the said suit is pending before the City Civil Court at Bengaluru in OS No.1511/03. However under the Registered Will G.Puttaswamy Gowda has reserved the right to prosecute the suit and bequeath same in favour of Defendant No.2 subject to its outcome. Item No.5 is the vacant site which is allotted by Musuru Urban Development Authority in favour of Sri.G.Puttaswamy Gowda and under the above said Will the property came to be bequeathed in favour of the Defendant No.3. The agricultural lands situated at Keragodu village are the properties bequeathed by late Sri.Patel Gidde Gowda in favour of Sri.P.Mahesh, the husband of the Defendant No.1 and the father of Defendant No.2 & 3 respectively. The agricultural property situated at Padavala hippe village mentioned in item No.7 was acquired by G.Puttaswamy Gowda on his own strength and so also the properties at item No.8. The properties at Holenarasipura town mentioned in item No.9 were all acquired by G.Puttaswamy Gowda out of his own personal skill and exertions. Thus the properties mentioned in the suit schedule are all self acquired properties of G.Puttaswamy Gowda and hence he had unfettered rights and title to dispose those properties to any person of his own choice and accordingly under the extenuating circumstances narrated above, Sri.G.Puttaswamy Gowda out of his free will and volition had executed the Registered Will dated 16/06/2006 bequeathing the Suit Schedule Properties thereunder. In view of the said Will item No.1 of the Suit Schedule Property is bequeathed in favour of the Defendant No.3 and other items are all bequeathed in favour of the Defendant No.2, who is sole male member of the family of G.Puttaswamy Gowda. It is the Defendant No.1 who is leading kind light of the family of Sri.G.Puttaswamy Gowda as daughter-in- law and accordingly, these properties are bequeathed in their favour.

15. Penultimately Defendant No.6 filed memorandum of Written Statement on the lines of Defendant No.5 which came to be adopted by Defendant No.7 and urged that Defendant No.3 being grand daughter, Defendant No.2 being grandson of deceased G. Puttaswamy Gowda and Defendant No.2 is the successor to item No.2 of the Suit Schedule Property in accordance with the Registered Will dated 16/06/2006 testated by his grandfather deceased G.Puttaswamy Gowda who died on 18/08/2006 and admittedly the properties of deceased G.Puttaswamy Gowda which form the Suit Schedule Properties, was his self acquired property and on strength of the same had executed a registered sale Will dated 16/06/2006 in favour of the Plaintiff and Defendants. The Plaintiff has admittedly benefited from the Will for having sold her share of property which came to her under the very same Testament in which the item No.2 of the Suit Schedule Property was bequeathed in favour of Defendant No.2 and in furtherance to this the consequent revenue records and khatha were also transferred in the name of the Defendant No.2, who is none other than the vendor of Defendant No.6 & 7, on account of which right to sue by instant Plaintiff as against Defendant No.2 nor Defendant 6 & 7 does not survive for consideration, whereupon the question of seeking alleged partition does not arise.