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KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
SMT. YALLAVVA W/O SIDDAPPA DALAWAI – Appellant
Versus
SMT. GANGAVVA W/O SIDDAPPA DALAWAI – Respondent
| Table of Content |
|---|
| 1. right to be heard in probate appeals (Para 2 , 3) |
| 2. revocation grounds under section 383 (Para 5 , 6) |
| 3. court's direction and timelines for revocation petition (Para 7) |
| 4. court's reasoning for allowing the appellants to seek revocation. (Para 8) |
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission with consent of learned counsel for the parties the matter is taken up for final disposal.
2. This Miscellaneous First Appeal is filed by the appellants under Section 384 of Indian Succession Act, 1925 (for short, ‘Act, 1925’), challenging the order passed in P & SC No.26/2024 dated 19.10.2024 on the file of Principal Senior Civil Judge and CJM, Bagalkot (for short, ‘Probate Court’), thereby, an exparte order of probate and succession certificate was issued under Section 372 (1)
of the Act, 1925.
3. Admittedly, the appellants were not parties in the said P & SC proceedings.
4. Section 383 of the Act, 1925, reads as under:
“383. Revocation of Certificate.-- A certificate granted under this Part may be revoked for any of the following causes, namely:-
(a) That the proceedings to obtain the certificate were defective in
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