Smt Lakshmamma Vs Sri N J Raju

THIS MFA IS FILED UNDER SECTION 299 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DT.14.06.2024 PASSED IN P AND SC NO.26/2022 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR, ALLOWING THE PETITION FILED U/S.276 OF INDIAN SUCCESSION ACT.

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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:51420-DB MFA No. 6565 of 2024

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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This appeal is filed challenging the order dated

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14.06.2024 passed in P & SC No.26/2022 by the VIII Additional District and Sessions Judge, Mysuru, sitting at Hunsur.

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The application filed by the respondent under

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Section 276 of the Indian Succession Act, 1925, (hereinafter referred to as 'the Act' for brevity), praying for issuance of probate based on the registered Will dated 18.04.2001, executed by his father in respect of the Suit Schedule Property was allowed by ordering office to issue probate in respect of the Will.

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The appellants have filed this appeal raising various contentions including initiation of proceedings before the Revenue Authorities.

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NC: 2025:KHC:51420-DB MFA No. 6565 of 2024

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HC-KAR

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Taking note of the law laid down in the case of

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N. Girish Singh Vs. Prem Khatri & Ors. in MFA No.5819/2018 dated 28.04.2020 , we are of the view that the appellants have to first invoke the provisions contained in Section 263 of the Act, for revocation/annulment of the probate.

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In view of the aforesaid position of law, learned

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counsel for the appellants, at this stage, seeks leave to invoke the aforesaid provision. In view of the specific submission, the appeal is disposed of , granting liberty to the appellants to invoke the provisions of Section 263 of the Act for revocation of probate, granted in favour of the respondent. Six weeks time is granted from the date of receipt of copy of this order to invoke Section 263 of the Act.

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Further, it is directed that during the pendency of the proceedings, which the appellants intend to initiate, the parties shall maintain status-quo with regard to the property in question including the revenue entries.

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