January 27, 2018
A Bench of Supreme Court Judges, Justice R.K. Agrawal and Justice Abhay Manohar Sapre dismissed the appeal filed in H.V. Nirmala & Anr v. R. Sharmila & ors, Civil Appeal No. 881 of 2018.
Ramaiah Reddy had two wives, first Smt. Hemavathi and the second Smt Nirmala.
Out of the wedlock with first wife Smt. Hemavathi, one daughter-Sharmila and a
son-Umesh were born, whereas out of the wedlock with second wife-Nirmala, one
son- Rakesh Babu (defendant No.3) was born. Hemavathi the first wife died on
24.02.1989 and Ramaiah died on 26.11.1995. On 11.10.1995, Umesh (defendant No.1)
filed a civil suit being O.S. No.7266 of 1996 against Nirmala and Rakesh Babu.
This suit was filed for partition of the properties owned by late Ramaiah Reddy.
It was based on the Will dated 20.05.1995 said to have been executed by Ramaiah
in favour of three parties to the suit.
The parties compromised the suit and accordingly the compromise decree was
passed on 25.01.1997 without any contest on merits.On 04.11.2000, Sharmila -
daughter from first wife filed a civil suit being OS No.7592 of 2000 in the
Court of City Civil Judge, Bangalore against Nirmala, Umesh and Rakesh Babu, out
of which the present appeal arises. This suit was for a declaration that the
compromise decree dated 25.01.1997 passed in OS No.7266 of 1996 is not binding
on her; that she is the lawful owner of the properties specified in the schedule
on the basis of the Will dated 12.03.1980 executed by Ramaiah in her favour.The
three defendants filed the written statement. They denied the Will dated
12.03.1980 set up by the plaintiff and supported the compromise decree obtained
by them on 25.01.1997 in O.S. No.7266 of 1996. The Trial Court framed the
issues.Parties adduced their evidence. The Trial Court, by its judgment and
order dated 28.08.2008, dismissed the suit. It was held that the plaintiff
having failed to prove the original Will dated 12.03.1980, the suit must fail.
In other words, the Trial Court was of the view that it is not possible to hold,
in the absence of sufficient evidence adduced by the plaintiff, that the Will
dated 12.03.1980 is proved in accordance with law.
The plaintiff, felt aggrieved by the dismissal of her suit, filed first
appeal before the High Court of Karnataka, out of which this appeal arises.
By the impugned judgment/decree, the High Court allowed the appeal, set aside
the judgment/decree of the Trial Court and decreed the plaintiff's suit. The
High Court held that the plaintiff was able to prove the Will dated 12.03.1980
in accordance with law with the evidence adduced by her and hence she was
entitled for a declaration as claimed by her in the suit relating to the suit
properties. Defendant Nos. 2 and 3 felt aggrieved by the impugned judgment of
the High Court and filed this appeal by special leave in this Court.
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Read the Judgment of Supreme Court of India in H.V. Nirmala & Anr v. R. Sharmila & ors 25.1.2018