Miscellaneous First Appeal challenging a grant of probate was dismissed as withdrawn. The appellant agreed to the view that the alternative remedy is a petition under Section 263 of the Indian Succession Act as per Girish Singh case.
The appeal is dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2024 PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2928/2018 (ISA)
BETWEEN:
MR. EUGENE WINIFRED SON OF SRI. AROCKIASWAMY GEORGE (DECEASED) AGED ABOUT 31 YEARS RESIDING AT NO 11, (NEW NO.9) 4TH MAIN, S K GARDEN BENSON TOWN POST BANGALORE - 560046.
…APPELLANT
(BY SRI. S.V. BHAT, ADV.,)
AND:
Digitally signed by A K CHANDRIKA Location: High Court of Karnataka
NC: 2024:KHC:24902-DB MFA No.2928/2018
S K GARDEN, BENSON TOWN P.O. BANGALORE - 560046.
…RESPONDENTS
(BY SRI. REGO L.P.E. ADV., FOR R1, R3, R4 & R6
R2 & R5 ARE SERVED)
THIS MFA IS FILED U/S 299 OF THE INDIAN SUCCESSION ACT, 1925, AGAINST THE ORDER DATED 12/01/2017, PASSED IN P & SC. NO.25037/2013, ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-22), ALLOWING THE PETITION FILED U/SEC.219 AND 276 OF INDIAN SUCCESSION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for respondent Nos.1, 3, 4 and 6 relying on the judgment of this Court in Sri.N.Girish Singh v. Sri.Prem Katri1 submits that as the appellant has questioned the impugned judgment of grant of probate on the ground that the same was obtained by suppression of material facts and by playing fraud. He claims that in such cases the remedy of the appellant is to file a petition under Section 263 of the Indian Succession Act, 1925. Therefore, the appeal is not maintainable.
Pending IAs stood disposed of.
Sd/JUDGE
Sd/JUDGE
ABK/List No.: 1 Sl No.: 7 1 2020 (2) Kar. L.R 700
1 issue framed by the court
Whether a Misc. First Appeal challenging a grant of probate obtained by suppression of facts is maintainable when the proper remedy is a petition under Section 263 of the Indian Succession Act, 1925.
Colour shows how this judgement treated each authority
Sri.N.Girish Singh v. Sri.Prem KatriReferred¶27
Sri.N.Girish Singh v. Sri.Prem Katri
Sri.N.Girish Singh v. Sri.Prem KatriReferred¶33
2020 (2) Kar. L.R 700
3 provisions across 1 enactments
Mr. Eugene Winifred
Dr. G. Jasavaroyan
Dr. G. Gerard
Mrs. G. Maria Nirmal Sophia @ Summy
Mr. G. Clement Maria Raj
Sri. G. Agnel A. George
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
