Petitioners sought a succession certificate for a deceased's estate; the trial court rejected an application to dispense with the personal presence of petitioner No.4, aged 93 and infirm. The High Court held this was hyper-technical, set aside the order and allowed the application permitting prosecution of proceedings on her behalf.
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NC: 2026:KHC:5975 WP No. 27712 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 27712 OF 2025 (GM-CPC)
BETWEEN:
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
HC-KAR
AGED ABOUT 93 YEARS, R/AT SRI RANGA, VIDYANAGAR, 3RD CROSS, TUMKUR-572103 KARNATAKA. REPRESENTED BY HER DAUGHTER, DR R C PARINITHA, W/O DR RAVISHANKAR N, AGED ABOUT 59 YEARS, R/AT 294, 39TH B CROSS, 10TH MAIN, JAYANAGAR 5TH BLOCK, BENGALURU SOUTH, BENGALURU-560041 KARNATAKA.
…PETITIONERS
(BY SRI. MAHADESHWARAN C N., ADVOCATE)
AND:
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO
A) CALL FOR ENTIRE RECORDS FROM THE HONBLE ADDL SENIOR CIVIL JUDGE AND CJM, TUMAKURU IN P. SC NO. 1 OF 2025 IN RESPECT OF THE ORDER ON I.A NO. II DATED 18.08.2025 ON THE FILE OF THE HONBLE ADDL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, AND
HC-KAR
B) ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER AT ANNEXURE-A IN P. SC NO. 1 OF 2025 DATED 18.08.2025 PASSED BY THE HONBLE ADDI SENIOR CIVIL JUDGE AND CJM, TUMAKURU AND CONSEQUENTLY SET ASIDE THE ORDER DATED 18.08.2025 FOR PRESENCE OF THE PETITIONER NO. 4 FOR ENQUIRY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition by the petitioners in P & SC No.1 /2025 on the file of the Prl. Senior Civil Judge and CJM, Tumakuru, is directed against the impugned order dated 18.08.2025, whereby the application I.A.No.2 filed by the petitioner No.1 under Section 151 CPC for dispensation of the physical presence of petitioner No.4 being his grandmother who was aged about 93 years and for permission to conduct the proceedings on her behalf, was rejected by the Trial Court.
NC: 2026:KHC:5975 WP No. 27712 of 2025
HC-KAR
petitioner No.1 is the son of late Shri Chaithanya Prasad while petitioner No.2 is his widow and petitioner No.3 is his daughter. The petitioner No. 4 is the mother of the said Chaithanya Prasad and all of them are Class-1 heirs of the said Chaithanya Prasad, who died intestate on 30.08.2024. Upon the demise of the said Chaithanya Prasad on 30.08.2024, the petitioners filed the instant petition seeking grant / issuance of Succession Certificate in respect of the estate of the said Chaithanya Prasad. In the said proceedings, the petitioner No.1, had filed the instant application seeking dispensation of the personal appearance of his grandmother / petitioner No. 4, on the ground that she was aged about 93 years and was suffering from various ailments and could not be physically present before the Trial Court. By the impugned order, the Trial Court proceeded to reject the said application,
NC: 2026:KHC:5975 WP No. 27712 of 2025
HC-KAR
aggrieved by which the petitioner is before this Court by way of the present petition.
NC: 2026:KHC:5975 WP No. 27712 of 2025
HC-KAR
18.08.2025 is hereby set aside. I.A No.2 filed by the petitioner No.1 stands allowed. The Trial Court is directed to proceed further and
dispose of the proceedings, as expeditiously as possible.
Sd/(S.R.KRISHNA KUMAR) JUDGE
KS List No.: 1 Sl No.: 7
1 issue framed by the court
Whether the trial court could insist on personal presence of the 93-year-old petitioner No.4 for succession certificate proceedings instead of allowing representation under Section 151 CPC.
2 provisions across 2 enactments
Mr Dhanush T C
Mrs. Savitha
Ms Deeksha T C
Mrs. N V Sharadamma
Nil
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
