K R ANAND KUMAR Vs. K R KRISHNAIAH SETTY

JUDGEMENT

(1.) THE appellants, who are defendant Nos.2 and 6 in O.S.No.6152/2000 on the file of XXII Addl. City Civil Judge, Bangalore are questioning the legality and correctness of decreeing the suit filed by the plaintiff, who is respondent No.1 in this appeal.

(2.) HEARD the learned Counsel appearing for the parties.

(3.) ONE K.V. Rajagopala Setty was the father of plaintiff -K.P. Krishnaiah Setty. Defendant No.1 -K.R. Chandrashekar Gupta; Defendant No.2 -K.R. Ananda Kumar; Defendant No.3 -S.N. Padmavathi; Defendant No.4 - Vijayalakshmi; Defendant No.5 -Umadevi and 6th defendant - K. Geetha Anand, who is appellant No.2 in this appeal and wife of second defendant -K.R. Anand Kumar, who is the first appellant in this appeal. The eldest son of K.V. Rajagopala Setty filed the suit for partition and separate possession claiming 1/12th share in the entire plaint suit schedule properties contending that the Will dated 5.10.1998 said to have been executed by K.V. Rajagopala Setty is not binding on him.