JUDGMENT :

B.M. SHYAM PRASAD, J.

1. This appeal is filed impugning the order dated 12.06.2018 in P&SC No. 293/2015 on the file of the XXXI Additional City Civil and Sessions Judge, Bengaluru City (for short, the ‘Probate Court’). The Probate Court by the impugned order dated 12.06.2018 has allowed the petition filed by the first respondent under the provisions of the Indian Succession Act, 1925 (for short the ‘Act’) as the Executor appointed by the testatrix, Mrs. Kamala B Singh, by her Will and Testament dated 04.07.2011. The Probate Court has granted probate of the aforesaid registered Will and Testament dated 04.07.2011 in favour of the first respondent to be effective across the country. The second and the fifth respondents are the beneficiaries under the aforesaid Will and Testament dated 04.07.2011.

2. The appellant is not a party in the proceedings in P&SC No. 293/2015 and as such, he has filed IA No. 1 of 2018 for leave to prosecute the appeal impugning the order dated 12.06.2018. This Court on 01.08.2018 has issued notice of the appeal and the aforesaid application (as well as the other application for stay of the impugned order) to the respondents while granting stay of the