Allowed

Sri. Chandrashekaraiah T B v. Nil

Karnataka HC6 Nov 2024MFA/2762/2023

Case brief

AI extract

What is this about?

This miscellaneous first appeal challenged the dismissal of a petition concerning a registered Will due to inadequate evidence from one attesting witness regarding the signing. The High Court allowed the appeal, set aside the lower court order, and remanded the matter to lead additional evidence from the second attesting witness.

What did the court decide?

Impugned order set aside; matter remitted to trial Court to admit additional evidence from the other attesting witness and consider the matter afresh.

Sri. Chandrashekaraiah T B Vs Nil — Succession and Inheritance | Karnataka HC (2024)

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1 - NC: 2024:KHC:44783 MFA No. 2762 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 2762 OF 2023 (ISA)

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BETWEEN:

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SRI. CHANDRASHEKARAIAH T.B, S/O LATE BASAPPA, AGED ABOUT 63 YEARS, R/AT NO.7, GANGADHERESHWARA NILAYA, SHIVAKUMARASWAMY LAYOUT, MAIN ROAD, THOTADAGUDDADAHALLI, NAGASANDRA, BENGALURU - 560 073.

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…APPELLANT

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(BY SRI. N.S. BHAT, ADVOCATE)

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AND:

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NIL

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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THIS MFA IS FILED UNDER SECTION 299 INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 30.1.2023 PASSED IN P AND S.C.NO. 42/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, DISMISSING THE PETITION FILED UNDER SECTION 276 AND 278 OF THE INDIAN SUCCESSION ACT.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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

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NC: 2024:KHC:44783 MFA No. 2762 of 2023

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ORAL JUDGMENT

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Heard learned counsel for the appellant.

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This appeal is filed challenging the order passed by the trial Court, rejecting the petition only on the ground that the witness who has been examined as PW-2 and who is an attesting witness to Ex.P1- registered Will, has not spoken anything that in his presence, the testators have signed the Will and also not spoken about the presence of another attesting witness at the time of execution of will and not deposed that in his presence only, all of them have signed the Will.

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Being aggrieved by the said order, the present appeal is filed.

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Learned counsel appearing for the appellant would contend that, if an opportunity is given, he would examine the other attesting witness and file additional affidavit and lead further evidence, in view of the observations made by the trial Court.

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3 - NC: 2024:KHC:44783 MFA No. 2762 of 2023

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Admittedly, the document Ex.P1 is the

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registered document and the same is executed in favour of brother son of late Smt. Girijamba and also sister son of late Sri Chandrappa who are the testators. There are no respondents in the matter. The appellant has produced number of documents before this Court i.e., RTC to show that the suit property was standing in the name of Chandrappa. Though these documents are produced before this Court, same are not produced before the trial Court.

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Having heard the argument of learned counsel appearing for the appellant and perused the reasons assigned by the trial Court, in the light of the submission of the learned counsel that he would examine the other attesting witness and also lead additional evidence before the trial Court, and considering the fact that the document under which the relief is sought is a registered document,

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it is appropriate to set aside the impugned order and remand the matter to the trial Court to lead additional

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4 - NC: 2024:KHC:44783 MFA No. 2762 of 2023

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evidence and direct the trial Court to give an opportunity to the appellant to lead additional evidence and examine the other attesting witness.

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In view of the discussion held above, I proceed

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to pass the following;

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ORDER

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The appeal is allowed .

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The impugned order dated 30.01.2023 passed by the

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trial Court in P and SC No.42/2021, is set aside.

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Matter is remitted back to the trial Court to consider the matter afresh.

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In view of the observation made by this Court, appellant is directed to appear before the trial Court on 29.11.2024, without expecting any notice from the trial

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Court.

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NC: 2024:KHC:44783 MFA No. 2762 of 2023

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Registry is directed to send the trial Court records

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forthwith to enable the trial Court to take up the matter on 29.11.2024 without fail.

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Sd/(H.P.SANDESH) JUDGE

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PN List No.: 1 Sl No.: 32 CT: BHK

Sri. Chandrashekaraiah T B v. Nil

Case brief

What is this about?

What did the court decide?

Sri. Chandrashekaraiah T B v. Nil

Case brief

What is this about?

What did the court decide?

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