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1.1. The civil suit aforesaid was filed by the plaintiff-appellants for declaration and injunction, essentially with the submissions that they had acquired ownership rights in the suit properties (described in Schedules A to D attached to the plaint) on the basis of a Will dated 20.05.1991 executed by the owner of the said properties Sri Sangappa son of Pampanna Shettar of Koppal; and that a trust created by the defendants on 28.05.1994, in the name “Shri Sangappa Pampanna Gadagshettar Trust, Koppal” in relation to the suit properties, was illegal, void and not binding on the plaintiffs. The contesting defendants i.e., defendant Nos. 1 to 5 refuted the claim so made by the plaintiffs while questioning the genuineness of the alleged Will dated 20.05.1991. The defendant No. 7, one of the erstwhile trustees of the said trust, however, admitted and endorsed the claim of the plaintiffs. 1.2. After framing necessary issues and after taking the oral and documentary evidence adduced by the parties, the Trial Court, in its judgment dated 12.09.2001, decided the principal issue relating to the said Will dated 20.05.1991 in favour of the plaintiffs and, while also returning its findings on other necessary issues in favour of the plaintiffs, proceeded to decree the suit with declaration that the trust created by the defendants on 28.05.1994 was not binding on the plaintiffs, particularly in relation to the suit properties; and that the plaintiffs were owners of the suit properties as claimed. The Trial Court also issued injunction against defendant Nos. 1 to 5 that they shall not interfere with the plaintiffs’ peaceful possession and enjoyment of the suit properties.

3.1. The testator of the Will in question:

Late Sri Sangappa son of Pampanna Shettar of Koppal.

He was a businessman and was also the Chairman of Sri Gavisiddeshwara V.V. Trust, Koppal (which is different than the trust questioned in the suit). Late Smt. Mahantamma was his wife.

Undisputedly, both the testator and his wife died in a car accident on 20.05.1994. The testator and his wife did not have any surviving children, as their children had died in infancy and they were issueless on the date of their death.

The defendants created this trust on 28.05.1994 (in the name of the testator) with inclusion of the properties in question, to pursue philanthropic and charitable purposes. The creation of this trust was challenged in the suit.

3.5. Special mention: Sri Gavisiddeshwara Swami, Koppal (Swamiji):

According to the plaintiffs, the testator was a philanthropic and a devotee of Sri Gavisiddeshwara Swami, Koppal 4; and the contested Will was opened in the presence of Swamiji. However, Swamiji was not examined as a witness in this case.

4.1. The plaintiff-appellants filed the suit aforesaid seeking declaration and injunction with the averments, inter alia, that Schedule A to D properties were owned and possessed by the testator Sri Sangappa Shettar of Koppal;

that Schedule A properties, being the parcels of land, were standing in the name of the testator’s wife Mahantamma but were purchased by him. It was averred that on 20.05.1994, the testator Sangappa Shettar and his wife died in a car accident on the National Highway between Hubli-Shiggoan. It was also averred that both of them died issueless as the children born to them had died in infancy. The plaintiffs further pointed out the relations of the parties with the testator and alleged that the testator was earlier joint with his family but, in or around the year 1964, a partition took place and thereafter, he remained separate until his demise. The plaintiffs asserted that their mother Mahadevamma was the sister of the wife of testator; that the testator Sri Sangappa, out of love and affection, brought up the plaintiffs by keeping them in his house; that the marriage of the plaintiffs’ father (PW-1) was performed by the testator in the year 1972; and that the deceased testator also requested the father of the plaintiffs to assist him in the business. The plaintiffs further averred that the deceased testator executed a Will in the year 1974 but, being disillusioned by the behaviour of legatees, he cancelled the same on 26.09.1990. The plaintiffs pointed out that the deceased testator was the Chairman of Sri Gavisiddeshwara V.V. Trust, Koppal and ardent devotee of Sri Gavisiddeshwara Swamiji of Koppal. The plaintiffs also averred that the deceased testator changed the name of the business from Gurukrupa Stores to Gurukrupa Traders.