Allowed

Sri T Manjunatha v. Sri Krishnappa

Karnataka HC15 Jan 2021MFA/1369/2020

Case brief

AI extract

What is this about?

The High Court heard an appeal challenging a grant of probate. Upon learning of the statutory remedy for revocation under Section 263, the Court deemed it just and proper to dismiss the appeal by permitting the filing of a revocation petition instead.

What did the court decide?

The appeal was disposed of by permitting the appellants to file a petition under Section 263 of the Indian Succession Act, 1925, seeking revocation of the grant of probate in respect of the Will of la

Sri T Manjunatha Vs Sri Krishnappa — Succession and Inheritance | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 15^TH DAY OF JANUARY, 2021

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MRS. JUSTICE M.G. UMA

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M.F.A. No.1369/2020 (ISA)

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BETWEEN:

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SRI T. MANJUNATHA S/O. LATE THIMMARAJU .L AGED ABOUT 34 YEARS, R/AT DASENAHALLI VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH, BANGALORE.

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R. RAMAMURTHY S/O. LATE RAMACHANDRAPPA .L AGED ABOUT 45 YEARS, R/AT NO.1416, YELLAMMA TEMPLE ROAD, MUNIYALLAPPA COMPOUND, VIJANAPURA, DOORVANI NAGARA, BENGALURU - 560 016.

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VISHWANATH .L S/O. LATE LINGAPPA AGED ABOUT 68 YEARS,

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VENUGOPAL .L S/O. LATE LINGAPPA AGED ABOUT 60 YEARS,

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SL.NO.3 AND 4 ARE R/AT NO.29/1, 8^TH CROSS, NEAR MARAMMA TEMPLE, MALLESHWARAM, BENGALURU - 560 003. ... APPELLANTS

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(BY SRI SACHIN C., ADVOCATE FOR SRI H.E. GUNDE GOWDA, ADVOCATE)

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AND:

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SRI KRISHNAPPA S/O. LATE THIMMAIAH AGED ABOUT 62 YEARS,

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SRI H.T. YALLAPPA S/O LATE THIMMAIAH AGED ABOUT 58 YEARS,

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MUNIYAPPA S/O. LATE THIMMAIAH AGED ABOUT 55 YEARS,

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SL.NO.1 TO 3 ARE R/AT HAROKYTHANAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE. ... RESPONDENTS

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(BY SRI LAKSHMIKANTH K., ADVOCATE FOR R-1 TO R-3)

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THIS MFA IS FILED UNDER SECTION 299 INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 08.01.2019 PASSED IN P AND S.C.NO.35/2018 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT, 1952.

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THIS APPEAL COMING ON FOR HEARING - INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

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J U D G M E N T

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Though this appeal is listed for considering certain applications, on disposal of the applications (I.A.Nos.1/2020 and 3/2020), with the consent of learned counsel on both sides, it is heard finally.

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This appeal is filed by the appellants assailing

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Order dated 08/01/2019, passed in P & SC No.35/2018, by

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the VI Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru.

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Learned counsel for the appellants submitted that the respondents herein had no right, title or interest in the schedule property. That the so-called Will dated 10/01/1985 executed by late Lingappa has no validity in the eye of law. That the respondent did not make the appellants parties in P & SC No.35/2018. Therefore, the appellants, on coming to know about the grant of probate under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act" for the sake of brevity), have preferred this appeal. Hence, the appeal may be entertained on merits.

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Learned counsel for respondent Nos.1 to 3 submitted that no purpose would be served by these appellants in filing this appeal so as to assail the impugned order dated 08/01/2019, passed under Section 276 of the Act. This is because, remedy is provided under Section 263 of the Act to the appellants to seek revocation of grant of probate, if they are so advised. Hence, the appellants may be relegated to the said remedy and the appeal may be accordingly disposed.

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5. Having heard learned counsel for the

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respective parties and on perusal of Section 263 of the Act, we note that the grant of probate may be revoked or annulled for just cause and the explanation to the said provision give the illustration of just causes by a deeming provision.

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In the circumstances, we think it just and proper to dispose of this appeal by permitting the appellants herein to file a petition under Section 263 of the Act seeking revocation of the grant of probate in respect of the Will of late Lingappa dated 10/01/1985. Ordered accordingly.

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In view of disposal of the appeal, I.A.No.2/2020 also stands disposed.

Sd/JUDGE

JUDGE

Sd/-

Sri T Manjunatha v. Sri Krishnappa

Case brief

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Sri T Manjunatha v. Sri Krishnappa

Case brief

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