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2004 Supreme(Kar) 698

K.BHAKTHAVATSALA, P.VISHWANATHA SHETTY
B. MANJUNATHA PRABHU – Appellant
Versus
C. G. SRINIVAS – Respondent


Advocates:
K.PARASARAN ATTORNEY, L.S.VENKATA KRISHNA, R.RAMAMURTHI IYER, TUKURAM S.PAL, UDAYA HOLLA

P. VISHWANATHA SHETTY, J.

( 1 ) THIS appeal is directed against the judgment and order dated 12th july, 2000 made in O S No 32 of 1990 by the Court of the VI Additional city Civil Judge, Bangalore (hereinafter referred to as 'the City Civil judge') granting probate of the Will dated 20th April, 1970 of late C G shastry in favour of the 1st respondent insofar as it relates to property set out in 'a' Schedule given to the plaint The appeal was initially filed by one B Manjunatha Prabhu and during the pendency of the appeal since the original appellant having expired, his legal representatives were brought on record as supplemental appellants l (a) to l (c), by means of Order dated 1st December, 2003

( 2 ) FACTS of the case may be briefly stated as hereunder the 1st respondent-C G Srinivas filed a petition for probate in P and sc No 61 of 1983 on 21st January, 1983 on the file of the City Civil judge, Bangalore under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') seeking probate of the Will dated 20th April, 1970 of late C G Sastry In the said petition, the wife and the children of his elder brother, C G Rama Rao were arrayed as respondents 1 (a)





















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