JUDGMENT :

Though this Appeal is posted under the caption “Orders”, with the consent of both sides, the matter is taken up for final disposal.

2. This appeal is directed against the impugned judgment and order dated 09.02.2016 passed in Civil Misc.36/2003 by the Prl. District Judge, Kalaburagi (for short ‘the trial court’), whereby the petition filed by the respondents against the appellant under Section 263 of the Indian Succession Act (for short ‘the Act’) was allowed by the trial court. By the impugned judgment and order, the trial court annulled and revoked the probate granted in favour of the appellant in P & SC No.1/2001 dated 15.3.2001 in respect of the alleged last Will and testament of one late Manohar Prasad, who died on 02.05.2000.

3. The brief facts giving rise to the above appeal are as under :

(i) The respondents filed a petition against the appellant herein before the trial court in Civil Misc.No.36/2003 under Section 263 of the Act inter-alia contending that they were the wife and children of one late Manohar Prasad who died intestate on 02.05.2000. It was contended that upon the death of the said Manohar Prasad, the respondents herein being his wife and children succee