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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIJAYKUMAR A.PATIL
R.R. Kongovi, S/o. Late Dr. K. Ramachandra Rao – Appellant
Versus
K.R. Manohar, S/o. Late Dr. K. Ramchandra Rao – Respondent
| Table of Content |
|---|
| 1. petition challenges trial court order. (Para 1 , 2) |
| 2. petitioner argues for expert examination of disputed will. (Para 3 , 4 , 6) |
| 3. respondents assert will is genuine; reject comparison argument. (Para 7 , 8) |
| 4. court outlines case background and evidence summary. (Para 9 , 10) |
| 5. court discusses need for expert examination under law. (Para 11 , 12) |
| 6. court finds trial court erred in rejecting expert report. (Para 13 , 14) |
| 7. court mandates expert review of will; petitions allowed. (Para 15) |
| 8. conclusion directing expert examination. (Para 16) |
ORDER :
(VIJAYKUMAR A. PATIL, J.)
This writ petition is filed challenging the order dated 22.06.2019 passed on I.A.No.32 filed in O.S.No.2564/2003 pending on the file of the XXIX Additional City Civil Judge, Bengaluru.
2. Heard.
3. Sri.Ashok B. Patil, learned counsel appearing for the petitioner submits that the petitioner filed a suit for partition and separate possession against the respondents. The respondents filed a written statement. In the written statement, there is a mention about the Will stated to have been executed by the deceased Smt.K.R.Seethabai in favour of the respondent No.1. The Trial Court framed the issues. The
The Court reinforced the principle that admitting expert testimony is crucial in disputes concerning the authenticity of wills, particularly for validating signatures and thumb impressions.
The court emphasized the necessity of expert analysis in signature comparisons, asserting that judicial evaluation without expert assistance is imprudent, particularly in will disputes.
The specific allegation of forgery in a will requires expert examination of signatures, and compliance with the provisions of the Indian Succession Act, 1925.
The principles of res judicata apply to subsequent applications in the same proceedings, preventing re-agitation of previously decided matters without new evidence.
The court emphasized the necessity of expert verification for signature comparison in probate cases, particularly when authenticity is disputed and contemporaneous documents are absent.
The principle of res judicata applies to subsequent applications in the same proceedings, preventing re-litigation of issues already decided.
The court established that the validity of a Will must be proven through credible witness testimony, and the burden of proof lies with the propounder to dispel any suspicions regarding its authentici....
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