Reserved on : 04.07.2025 Pronounced on : 21.07.2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.6194 OF 2025 (GM - CPC)

BETWEEN:

GAYATHRI @ GAYATHRI SHETTY D/O LATE UDAYCHAND SHETTY AND GRAND DAUGHTER OF LATE KUSUMAVATHI SHETTY, AGED ABOUT 40 YEARS RESIDING AT BEACH ROTANA RESIDENCES APARTMENTS NO.2168, ALZAHIYA ABU DHABI AREA, UNITED ARAB EMIRATES REPRESENTED BY HER POWER OF ATTORNEY HOLDER, MRS. PREMILA SHETTY.

... PETITIONER (BY SRI AJAY NANDALIKE, ADVOCATE)

AND:

1 . MR.M.HARIPRASAD S/O LATE KUSUMAVATHI SHETTY AGED ABOUT 75 YEARS RESIDING AT NO. 12, 1^ST STAGE, AECS LAYOUT, NEAR AECS SAMUDAYA BHAVANA, SANJAY NAGAR, RMV EXTENSION II STAGE, BENGALURU – 560 094.

2 . MRS.URMILA SHETTY D/O LATE KUSUMAVATHI SHETTY AGED ABOUT 74 YEARS RESIDING AT 8, FRIAR TUCK CIRCLE, SUMMITNG 07901, UNITED STATES OF AMERICA.

3 . MR. ASHOK KUMAR SHETTY S/O LATE KUSUMAVATHI SHETTY AGED ABOUT 73 YEARS RESIDING AT 58, 1^ST BLOCK, 2^ND MAIN, KORAMANGALA, BENGALURU – 560 034. 4 . MR. GIRISH PUNJA S/O LATE USHA R. PUNJA AND RAVINDRANATH PUNJA AND GRANDSON OF LATE KUSUMAVATHI SHETTY AGED ABOUT 63 YEARS RESIDING AT NO. 21/22, MAHATMA GANDHI ROAD, BENGALURU, KARNATAKA – 560 001.

5 . PRATEETI PUNJA D/O LATE USHA R.PUNJA AND GRANDDAUGHTER OF LATE KUSUMAVATHI SHETTY AGED ABOUT 58 YEARS RESIDING AT NO. 21/22, MAHATMA GANDHI ROAD, BEHIND TRINITY METRO STATION, BENGALURU NORTH, BENGALURU, KARNATAKA – 560 001.

6 . MS. REETI PUNJA D/O LATE VRANDA PUNJA AND GRANDDAUGHTER OF LATE KUSUMAVATHI SHETTY, AGED ABOUT 52 YEARS RESIDING AT 7/8-2, BRIGADE ORCHID APARTMENT NO. 101, BRUNTON ROAD, BENGALURU – 560 025. 7 . MR. VIREN PUNJA S/O LATE VRANDA PUNJA AND GRANDSON OF LATE KUSUMAVATHI SHETTY AGED ABOUT 43 YEARS, RESIDING AT 4/5, LEAVENWORTH STREET NE - 68102, UNITED STATES OF AMERICA.

... RESPONDENTS (BY SRI ROHAN TIGADI, ADVOCATE FOR R-1 TO R-7)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE BY WAY OF A WRIT OF CERTIORARI, THE IMPUGNED ORDER DTD. 20.01.2025 (AT ANNEXURE-A) PASSED ON I.A.NO.3 BY THE 74^TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (MAYOHALL UNIT), BENGALURU URBAN (“TRIAL COURT”) IN P AND SC NO. 25065/2023; ALLOW IA NO.3 (PRODUCED AT ANNEXXURE-H1)

THEREBY CONVERTING P AND SC NO. 25065/2023 INTO A SUIT.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 04.07.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner/respondent before the 74^th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru in P & SC No.25065 of 2023 is before this Court, calling in question an order dated 20-01-2025 passed on I.A.No.III seeking appointment of an Administrator to execute the Will.

2. Heard Sri Ajay Nandalike, learned counsel appearing for the petitioner and Sri Rohan Tigadi, learned counsel appearing for respondents 1 to 7.

3. Facts, in brief, germane are as follows: -

The petitioner and the respondents are all members of the same family and are next of kin of the Testatrix. The Testatrix was married to one Sunder Ram Shetty and from the wedlock 7 children are born. Respondents 1 to 3 are the children of the Testatrix and others are the children of late Usha R Punja and Radhakrishna Shetty who passes away before the institution of the subject proceedings. The last Will and Testament is executed by the Testatrix on 26-06-2009 appointing her daughter late Smt. Usha R. Punja and her son late Radhakrishna Shetty as the executors of the Will. On 13-11-2016 Smt. Usha R.Punja who was appointed as an executor of the Will passes away. On 01-08-2018 the Testatrix herself passes away. On 29-07-2020 late Radhakrishna Shetty’s Will was said to have been executed. On 15-02-2021 Radhakrishna passes away. The petitioner and the respondents are before the concerned Court in P & SC No.25065 of 2023 seeking probate of the Will. A coordinate Bench