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2024 Supreme(Kar) 59

H. P. SANDESH
M. R. Mohan Kumar S/o Rangappa @ Ranganna – Appellant
Versus
Nil – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sunil S. Rao, G. Panduranga.

JUDGMENT :

H.P. SANDESH, J.

1. Heard the learned counsel for the appellants and perused the material on record.

2. This miscellaneous first appeal is filed assailing the order dated 20.04.2023 passed by the VI Additional District and Sessions Judge at Tumakuru in P & SC No. 25/2022 dismissing the petition filed for issuance of probate.

3. The appellants have sought the probate stating that the petition schedule property belongs to one Sannarangappa and the same was granted to them vide RUC No. 34/1978-79 dated 22.11.1978 and thereafter they were enjoying the same and cultivating the same as owners. The said Sannarangappa is unmarried. It is the contention of the appellants that during the life time of said Sannarangappa, the father of the petitioners and the petitioners were looking after him with love and affection. The grand-father of petitioners Sannarangappa had executed a Will dated 14.02.2001 and the same is registered on 15.02.2001. The said Sannarangappa died on 29.06.2001. The petitioners have filed an application for transfer of khatha to the Tahsildar. The Tahsildar, instead of effecting khatha in the name of the petitioners on the strength of the registered Will, went on re

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