Writ petition challenging a probate court's order directing the petitioner suo motu to bring all legal heirs of the testator on record. The issue was identical to one decided in Writ Petition No.21830 of 2025 disposed the same day; this petition was similarly disposed with liberty to pursue remedies in law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Reserved on : 28.11.2025 Pronounced on : 08.01.2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.22469 OF 2025 (GM - CPC)
BETWEEN:
SRI GANGARAJU M., S/O LATE D.N.MUNIVENKATASWAMY AGED ABOUT 40 YEARS RESIDING AT: S.DEVAGANAHALLI VILLAGE AND POST SADALI HOBLI SHIDLAGATTA TALUK CHIKKABALLAPURA DISTRICT – 562 104.
... PETITIONER
(BY SRI MANJUNATHA N.M., ADVOCATE)
AND:
NIL
... RESPONDENT
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION SETTING ASIDE THE SUO-MOTO ORDER DATED 03.07.2025 PASSED IN P AND SC NO.3/2025 BY THE LEARNED PRL.DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPUR VIDE ANNEXURE-C.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 28.11.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioner is before this Court calling in question an order dated 03-07-2025 passed by the Principal District and Sessions Judge, Chikkaballapur directing suo motu to bring all the legal heirs of the testator on record.
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3. Facts, in brief, germane are as follows: -
The petitioner files the petition before the concerned Court under Section 276 of the Indian Succession Act, 1925 seeking probate of a registered Will executed by one D. N. Munivenkataswamy in his favour.
4. The petitioner leads his evidence before the concerned
Court. The concerned Court passes the following Orders on different dates including on 03-07-2025:
“03-03-2025 Counsel for the petitioner present and filed application U/o 6 rule 17 r/w Sec. 151 of CPC. Perused the application, it can be noticed that, the proposed amendment pertains to the measurement of the property and the same does not change the nature of the case. Hence, the application is allowed.
Counsel for the petitioner is directed to amend the petition and to carryout the amendment by 17-03-2025.
17-03-2025 Counsel for the petitioner present and filed amended petition and carried out the amendment.
Issue citation on amended petition after verifying the draft publication. R/by 03-05-2025.
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03-05-2025 Counsel for the petitioner present and filed memo along with newspaper publication against public at large. The same is taken on record. For enquiry by 19-06-2025. 19-06-2025 Counsel for the petitioner present and prays for time. For petitioner evidence by 03.07.2025. 03-07-2025 Counsel for the petitioner present. Sri Gangaraju M., is present and filed affidavit in lieu of examination-in-chief and examined as PW-1. Ex.P1 to P20 are marked. Further counsel for petitioner filed application U/o XVI Rule 1 of CPC for summoning the witnesses as mentioned in the application. Perused the application and same is allowed.
The counsel for the petitioner is directed to bring all the legal heirs of the testator on record.
Call on 29-07-2025.”
The issue is same, as what is considered in Writ Petition No.21830 of 2025, which is disposed of today.
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remedy in law, as observed in the said order.
Sd/(M.NAGAPRASANNA)
JUDGE
bkp CT:MJ
1 issue framed by the court
Whether a probate court can suo motu direct the petitioner to bring all legal heirs of the testator on record during enquiry?
1 provisions across 1 enactments
Sri Gangaraju M.
Nil
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
