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Prakash S/O Ramappa Halemani vs Arun S/O Ramappa Halemani on 22 June, 2022 cites

Sri W.E. Sambandam S/O Late W. Ekambaram vs Sri W.E. Sathyanarayanan S/O Late W. ... on 16 March, 2007

9. Sri Ravi S.Balikai, learned counsel for the appellants disputed the existence of the Will dated 25.02.1987 and argued that the propounder of the Will have not proved the validity of the Will as the testator-late Ramappa Ramalingappa Halemani was bed ridden and was suffering from paralysis and also, he was physically and mentally incapacitated to execute the Will and therefore, he contended that said aspect has not been considered by the trial Court. He further contended that excluding the three sons and daughter from the Will, there are no reasons assigned in the Will and therefore, the suit filed by the plaintiffs ought to have been dismissed by the trial Court. Emphasizing on the letters produced at Exs.D1 to D4 and D6, Sri Ravi S.Balikai, learned counsel appearing for the appellants submitted that the said letters would indicate that the deceased 9 Ramappa Ramalingappa Halemani, had no confidence with the plaintiffs and was under the impression that plaintiffs were irresponsible persons and therefore, he submitted that the said aspect has been over-looked by the trial Court. He further contended that the suit schedule property is not the self acquired property of late Ramappa Ramalingappa Halemani and the said property was acquired out of the joint family income and therefore, all the children of late Ramappa Ramalingappa Halemani are entitled for share in the suit schedule property. To buttress is arguments learned counsel appearing for the appellant, places reliance of judgment of the Hon'ble Apex Court in the case of B.Venkatamuni v. Ayodya Rama singh and others reported in AIR 2007 SC 311 and the Division Bench of this Court in the case of W.E. Sambhandam vs. W.E.Satyanarayana and others reported in ILR 2007 KAR 1484. Hence, he sought for interference in this appeal.
Karnataka High Court Cites 2 - Cited by 53 - R Gururajan - Full Document
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