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2025 Supreme(Online)(KAR) 4156

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MR. JUSTICE SURAJ GOVINDARAJ, J
Sudhabai W/o. Ramrao Desai – Appellant
Versus
Arundhati W/o. Nikhil Galgali – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE
For the Respondent:SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1; SRI. K.L. PATIL & SRI. S.S. BETURMATH

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioners are before this Court seeking for the following reliefs:

1. issue a writ in the nature of certiorari quashing the order dated 27/11/2024 in misc.130/2021 on the file of iv additional district and sessions court, dharwad vide annexure-j and consequentially allow the i.a. no.xiv filed by the petitioners vide annexure-g in the interest of justice and equity.

2. Issue such other writ or give such other direction and pass such other order as this Honble Court deems fit and proper in the facts and circumstances of the cases.

2. The brief facts of the case are;

2.1. Respondent No.1 had filed proceedings under Section 276 of the Indian Succession Act, 1925 (‘the Act of 1925’, for short) for grant of probate in respect of the Will dated 26.10.2012 executed by her father in respect of the properties scheduled to the said Will.

2.2. The said petition came to be allowed vide order dated 04.02.2017 in P & SC No.17/2014. Challenging the same, respondents No.2 to 4 filed proceedings under Section 263 of the Act of 1925, for revocation of probate which came to be numbered as Misc.No.130/2021.

2.3. In the said petition, the p

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