Karnataka High Court

REVIEW PETITION 581 of 2024 on 15 February 2003

Digitally signedby DEVIKA MLocation: HIGHCOURT OFKARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25[TH] DAY OF FEBRUARY, 2025

BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REVIEW PETITION NO. 581 OF 2024

BETWEEN:

SRI. NANJUNDAPPA S/O. LATE ERAPPA, AGED ABOUT 55 YEARS, R/AT RAGHUPATHI HOSAHALLI, KYALANUR POST, KOLAR TALUK, KOLAR DISTRICT - 563 128.

…PETITIONER

(BY SRI. UMESH B.N, ADVOCATE)

AND:

1. SRI. CHANDRASHEKARAIAH, S/O LATE NANJUNDAIAH, AGED ABOUT 61 YEARS, R/O RAJAKALLAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 102.

2. SMT GOWRAMMA W/O BHADRAPPA, AGED ABOUT 60 YEARS, R/AT RAGHUPATHI HOSAHALLI, KYALANUR POST, KOLAR TALUK KOLAR DISTRICT - 563 128.

3. SMT. KAMALAMMA

W/O BHADRAPPA, AGED ABOUT 55 YEARS, AGED ABOUT 55 YEARS, R/AT RAGHUPATHI HOSAHALLI, KYALANUR POST, KOLAR TALUK KOLAR DISTRICT - 563 128.

4. SMT PUTTAMMA

W/O LATE ERAPPA,

AGED ABOUT 85 YEARS,

R/AT RAGHUPATHI HOSAHALLI, KYALANUR POST, KOLAR TALUK KOLAR DISTRICT - 563 128.

KYALANUR POST, KOLAR TALUK

5. SRI VEERABHADRAPPA

S/O LATE ERAPPA, AGED ABOUT 49 YEARS,

R/AT RAGHUPATHI HOSAHALLI, KYALANUR POST, KOLAR TALUK KOLAR DISTRICT - 563 128.

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6. SRI CHIKKAPPAIAH

S/O LATE ERAPPA,

AGED ABOUT 42 YEARS,

R/AT RAGHUPATHI HOSAHALLI, KYALANUR POST, KOLAR TALUK, KOLAR DISTRICT - 563 128.

7. SRI SIDDESHWARA

S/O LATE ERAPPA, AGED ABOUT 44 YEARS,

R/AT RAGHUPATHI HOSAHALLI,

KYALANUR POST, KOLAR TALUK

KOLAR DISTRICT - 563 128.

8. SMT. NANJAMMA D/O LATE ERAPPA, AGED ABOUT 54 YEARS, R/AT RAGHUPATHI, HOSAHALLI, KYALANUR POST, KOLAR TALUK KOLAR DISTRICT - 563 128.

9. SMT SIDDAVEERAMMA D/O LATE ERAPPA, W/O NANJUNDAPPA AGED ABOUT 45 YEARS, R/AT RAGHUPATHI HOSAHALLI, KYALANUR POST, KOLAR TALUK KOLAR DISTRICT - 563 128.

10.SMT. MANJAMMA

D/O LATE ERAPPA, AGED ABOUT 40 YEARS, R/O KALLIPURA VILLAGE, KASABA HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 130.

…RESPONDENTS

(BY SRI. R. SHASHI KUMAR, ADVOCATE)

THIS RP IS FILED UNDER ORDER XLVII RULE 1 R/W SEC.114 OF CPC, PRAYING TO a) ALLOW THE REVIEW PETITION, REVIEWING THE ORDER DATED 22.10.2024, IN MFA NO.5459/2024 (ISA) PASSED BY THIS HONBLE COURT, WHILE DISMISSING THE SAID APPEAL FILED BY THE IST RESPONDENT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

RP No. 581 of 2024

CORAM: HON'BLE MR JUSTICE H.P.SANDESH

ORAL ORDER

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. This Court set aside the order passed in Misc.No.26/2022 by allowing the appeal, consequently revoked the probate issued in the matter.

3. The learned counsel for the petitioner would submit that in view of setting aside the order passed in Misc.No.26/2022, the Misc.No.26/2022 was restored and not restored the P & C No.3/2022.

4. The learned counsel for the respondent also not disputes the said fact.

5. This Court also in paragraph No.4 taken note of an order passed by the Trial Court, which discloses that Smt. Parvathamma, who is the testator, executed the Will dated 15.02.2003 in favour of the petitioner. Taken note of and answered the point as affirmative and hence, made an

observation that when the petition was filed under Section 263 of the Indian Succession Act, the contention was raised with regard to the very execution of the Will. The Trial Court ought not to have granted the relief and accepted the contention of the learned counsel and hence, impugned order requires to be set aside as observed. When the said order was set aside consequently, the order passed in P & SC No.3/2022 also goes and matter to be considered before the Trial Court as contentious suit in P & SC No.3/2022 and not in Misc.No.26/2022 and the same is clarified by allowing this review petition and hence, both the parties are directed to appear before the Trial Court on 17.03.2025, without expecting any notice from the Trial Court and Trial Court is directed to register the suit in probate proceedings and consider the same in accordance with law.

Sd/-

(H.P.SANDESH) JUDGE

List No.: 1 Sl No.: 59

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