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Sri. a L Naveen v. Sri. Chethan Nanjappa

Karnataka HC3 Dec 2025MFA/2178/2025

Case brief

AI extract

What is this about?

Probate; revocation of probate; Indian Succession Act 1925 Sections 276, 263, 299; Section 151 CPC; Order IX Rule 7 CPC; ex-parte order recalled; right of audience / hearing before stay; stay of probate certificate; P and SC No.27/2024; Misc.No.57/2024; I Additional District and Sessions Judge, Kolar; MFA No.2178 of 2025 (ISA); Hanchate Sanjeevkumar J.; set aside and remand for re-hearing; interim stay pending fresh orders; contentions kept open.

What did the court decide?

Appeal disposed of: order dated 20.02.2025 on I.A.No.I set aside; I.A.No.I (stay application in Misc.No.57/2024) remanded to the Probate Court for re-hearing and fresh orders in accordance with law; implementation of the probate order dated 05.11.2024 in P and SC No.27/2024 to remain stayed till then; all contentions kept open. ¶51

Sri. a L Naveen Vs Sri. Chethan Nanjappa — Succession and Inheritance | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 20.02.2025 passed on I.A.No.I (Section 151 CPC) in Misc.No.57/2024 — staying the probate order dated 05.11.2024 in P and SC No.27/2024 while the appellants were ex-parte — should be set aside and the stay application re-heard after giving the appellants a right of audience.

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Court's answer

The Trial Court's decision to stay the probate order dated 05.11.2024 in P and SC No.27/2024 cannot be found fault with, since without the stay the probate order would have been implemented and Misc. Petition No.57/2024 (revocation) would have become infructuous.

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Ratio / Principle

The appellants had a right of audience on the stay application; therefore the order dated 20.02.2025 is set aside and I.A.No.I is remanded to the Probate Court for re-hearing, with directions to pass fresh orders on the stay application in accordance with law.

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Key takeaways

Until fresh orders are passed on I.A.No.I after re-hearing, the implementation of the order dated 05.11.2024 in P and SC No.27/2024 shall remain stayed.ratio¶51

Detailed headnote1 paragraphs

High Court of Karnataka (Hanchate Sanjeevkumar J., oral judgment dated 03.12.2025) disposed of MFA No.2178 of 2025 (ISA), filed under Section 299 of the Indian Succession Act by the respondents in Misc.No.57/2024 against the order dated 20.02.2025 of the I Additional District and Sessions Judge, Kolar, whereby I.A.No.I under Section 151 CPC was allowed and the probate certificate order dated 05.11.2024 in P and SC No.27/2024 (granted under Section 276, Indian Succession Act, 1925; revocation sought under Section 263) was stayed. Holding that the stay order itself could not be found fault with — since without it the probate order would be implemented and the revocation petition rendered infructuous — but that the appellants, who were ex-parte when the stay was granted, had a right of audience on the stay application, the Court set aside the order dated 20.02.2025, remanded I.A.No.I for re-hearing, directed the Probate Court to pass fresh orders in accordance with law, and continued an interim stay on implementation of the probate order till then; all contentions kept open.

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NC: 2025:KHC:50419 MFA No. 2178 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.2178 OF 2025 (ISA)

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BETWEEN:

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SRI. A.L.NAVEEN S/O B.T.LAKSHMAN, AGED ABOUT 42 YEARS, R/O ARASANAHALLI VILLAGE, LAKKUR HOBLI, MALUR TALUK.

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SMT. A. L.SHILPA D/O B.T. LAKSHMAN, W/O D S UDAY, AGED ABOUT 38 YEARS, R/AT DEVANAGUNDI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT.

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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SMT. A.L. KRUPA D/O B T LAKSHMAN, W/O B C VIKRAM, R/AT MATRUCHAYA NILAYA, NO.1334, 1^ST CROSS, VIJAYANAGAR, BANGARPET TOWN, KOLAR DISTRICT.

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…APPELLANTS

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(BY SRI. S.KALYAN BASAVARAJ, ADVOCATE)

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2 - NC: 2025:KHC:50419 MFA No. 2178 of 2025

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HC-KAR

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AND:

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SRI. CHETHAN NANJAPPA S/O LATE B K NANJAPPA, AGED ABOUT 48 YEARS,

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SRI B N JEEVAN S/O LATE B K NANJAPPA, AGED ABOUT 45 YEARS,

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SRI PRAKASH KUMAR S/O LATE B T RAMAIAH, AGED ABOUT 67 YEARS,

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SRI R SURESH KUMAR S/O LATE B T RAMAIAH, AGED ABOUT 65 YEARS,

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ALL ARE RESIDING AT NO.135, 8^TH MAIN ROAD, 4^TH CROSS ROAD, WILSON GARDEN, BANGALORE - 560 030

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…RESPONDENTS

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(BY SRI. A.SAMPATH, ADVOCATE FOR R1 TO R3)

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THIS MFA FILED UNDER SECTION 299 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 20.02.2025 PASSED ON I.A. IN MISC.NO.57/2024 ON THE FILE OF THE 1 ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR, ALLOWING THE I.A. FILED UNDER SECTION 151 OF CPC.

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

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NC: 2025:KHC:50419 MFA No. 2178 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Though the appeal is listed for orders, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.

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This appeal is filed by the respondents in Miscellaneous Petition No.57/2024 questioning the order dated 20.02.2025 passed on I.A.No.I filed under Section 151 of CPC seeking to stay. Thereby, the issuance of probate certificate order dated 05.11.2024 passed in P and SC No.27/2024 on the file of I Additional District and Sessions Judge, Kolar¹ , is stayed.

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It is the grievance of the learned counsel for the appellants that in Misc. Petition No.57/2024, the appellants were placed ex-parte by the order dated 15.02.2025 and the next date is given as 22.02.2025, but in the meantime, the respondents have got the petition in Misc. Petition No.57/2024 advanced and on 20.02.2025, the Probate Court has passed an order on I.A.No.I filed under Section 151 of

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1 hereinafter referred to as ‘the Probate Court’ for short

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4 - NC: 2025:KHC:50419 MFA No. 2178 of 2025

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HC-KAR

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CPC, thereby, passed an order of stay to the order dated 05.11.2024 in P and SC No.27/2024.

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It is submitted that the appellants herein have filed an application I.A.No.II under Order IX Rule 7 read with Section 151 of CPC for seeking to recall the order dated 15.02.2025 placing the appellants herein as ex-parte and accordingly the said application was allowed and placing the appellants herein as ex-parte is recalled. Therefore, submitted that now the appellants desire to address the arguments on the application for stay filed under Section 151 of CPC. Hence, prays to allow the appeal.

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Upon perusal of the materials available at this stage, the appellants herein have filed petition in P and SC No.27/2024 under Section 276 of Indian Succession Act, 1925, (for short ‘I.S. Act, 1925’) praying for issuance of probate certificate in respect of schedule property and the Probate Court has granted order on 05.11.2024 by allowing the petition and ordered issuance of probate certificate.

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HC-KAR

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Later on, the respondents herein have filed Misc. Petition No.57/2024 by invoking Section 263 of the I.S. Act, 1925, praying for revocation of the order passed in P and SC No.27/2024 dated 05.11.2024. In the said Misc. Petition No.57/2024, upon the application I.A.No.I filed by the respondents, the order passed in P and SC No.27/2024 dated 05.11.2024 is stayed.

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Being aggrieved by this, the above said appeal is

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filed.

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This appeal is only being aggrieved by the order dated 20.02.2024. The Trial Court at its wisdom thought fit that if the order passed in P and SC No.27/2024 dated 05.11.2024 is not stayed, then the order passed in P and SC No.27/2024 would be implemented then the Misc. Petition No.57/2024 would become infructuous.

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Though the order of grant of stay dated 20.02.2025 cannot be found fault with, the only grievance of the appellants herein that they have a right of audience upon the application filed by the respondents for stay. Hence,

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HC-KAR

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enabling the appellants herein to address the arguments on the I.A.No.I filed under Section 151 of CPC for stay. Therefore, the order dated 20.02.2025 is set aside and remanded the said application for re-hearing and the Probate Court is directed to pass orders on I.A.No.I filed for stay in accordance with law. Till then, the implementation of the order passed in P and SC No.27/2024 dated 05.11.2024 filed under Section 263 of the I.S. Act, 1925, is stayed.

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