Smt N Amruthavalli vs M Rajagopal on 9 October, 2023
29. Since the above evidence on record is accepted, then
the mere settlement deed marked at Ex.D.6=Ex.P.15 creates
doubt in the mind of the Court as to its genuineness.
Further, the defendants had filed O.S.No.11285/1997
claiming decree of partition in the suit house on the strength
of Ex.D.4 to D.6 = Exs.P.13 to P.15 against the legal
representation of original plaintiff - M. Rajagopal. Said suit
was contested by the legal representatives of Rajagopal and
issues were also framed in the said suit. However, said suit
came to be dismissed following the dictum in the case of
27
Sagar Enterprises v. Registrar, City Civil Court,
Bengaluru, reported in ILR 2004 KAR 4376. The
defendants who are the plaintiffs in the said suit however,
did not challenge the same and accepted the dismissal. It is
also pertinent to note that in the said suit, the defendants
have not pleaded about Ex.P.19 (a) which is the copy of
plaint in O.S.No.11286/1997 challenging the validity of the
original Will marked at Ex.P.1.