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HIGH COURT OF KARNATAKA
H.P.SANDESH, J
SRI. M R MOHAN KUMAR – Appellant
Versus
NIL – Respondent
| Table of Content |
|---|
| 1. filing of the appeal against the trial court's order. (Para 1 , 2) |
| 2. claim of probate based on will and property ownership. (Para 3 , 4 , 12) |
| 3. trial court's basis for denying probate. (Para 5 , 6) |
| 4. arguments against the trial court's reasoning. (Para 7 , 8 , 10 , 11) |
| 5. court's reasoning for granting probate despite absence of an executor. (Para 13 , 14 , 15) |
| 6. final determination of allowing the appeal. (Para 16) |
JUDGMENT
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 & S.C.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 loo
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