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d) It is asserted by the plaintiff in O.S.No.90/2007 that, whatever the decree passed in O.S.No.244/2001 is not challenged by these defendants, though the deceased-Shirmant had knowledge about the same. Other averments are nothing but repetition of plaint averments in O.S.No.211/2005.

e) By appearing before the Court, defendant in O.S.No.90/2007 contended that, decree so obtained in O.S.No.244/2001 was in the absence of original defendant- Srimant. He had suffered paralysis and was not keeping well and hence, he did not contest the suit in O.S.No.244/2001. The said decree is not binding on these defendants as the said decree was passed without any counter by these defendants.

33. PW3-Subhash Ullagaddi is also one of the attesting witnesses. He too speaks before the Court about he was also present and put his signature on Ex.P8-Will said to have been executed by Basalingawwa in favour of plaintiff and plaintiff was present at the time of execution of the Will by Basalingawwa. He admits that about eight years prior to 26.10.2008 Srimant i.e. defendant No.1 has suffered paralysis attack. He was unable to move. He deposed ignorance about the family history of Srimant.

36. To rebut the evidence of plaintiff, Smt.Neelavva Srimant Patil i.e. defendant No.1(a) has entered the witness box and specifically stated that Siddagondappa died in the year 1953. Bhimappa had a son by name Srimant and he is her husband. Her husband-Srimant also died. She admits that Siddagondappa had a wife by name Basalingawwa. It is her specific evidence that during her lifetime Basalingawwa filed suit in O.S.No.57/1964 seeking partition. Said suit was compromised on 28.08.1965 before the Munsiff Court Bagalakote. In that compromise, deceased- Basalingawwa received Rs.3,500/- towards her share in the family properties of Siddagondappa and relinquished her all rights in the family properties in favour of Bhimappa and other defendants. The other defendants were her mother-in-law and others. After compromise was entered in the said suit, it was Bhimappa, her father-in-law became the absolute owner of the entire family properties. There is suppression of material fact by Basalingawwa while filing the suit in O.S.No.244/2001 and again she got the decree. At that time, Srimant was suffering from paralysis and could not contest the suit. Taking advantage of the same, said Basalingawwa got decree awarding half share to her.