IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2168 OF 2025 (ISA)

BETWEEN:

SRI. P.VENKATESHA, S/O LATE PAPAIAH, AGED ABOUT 62 YEARS, R/AT NO. 335, BAGALURU VILLAGE, JALA HOBLI, YELAHANKA TALUK, BENGALURU – 562 149 …APPELLANT (BY SMT. JAYALAKSHMI K.B.,ADVOCATE)

AND:

NIL Digitally …RESPONDENT signed by RAMYA D THIS MFA FILED U/S 299 OF INDIAN SUCCESSION ACT, Location:

AGAINST THE ORDER DT.06.02.2025 PASSED IN P AND HIGH COURT OF SC.NO.15034/2023 ON THE FILED OF THE V ADDITIONAL KARNATAKA DISTRICT AND SESSIONS JUDGE, DEVANAHALLI, DISMISSING THE PETITION FILED UNDER SECTION 283(1)(c) OF INDIAN SUCCESSION ACT.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

The appeal is filed by the appellant/petitioner challenging the order dated 06.02.2025 passed in P & SC No.15034/2023 by the V Addl. District & Sessions Judge, Bengaluru, thereby the petition filed under Section 276 of the Indian Succession Act, is dismissed.

2. The appellant/petitioner has filed the petition for seeking grant of probate in respect of the Will dated 09.06.1999 stated to have been executed by the testator late Sri Papaiah in respect of the petition schedule properties.

3. The Probate Court has dismissed the petition on the reason that the appellant/petitioner has failed to take notice to the other legal heirs of the deceased and the direction issued in this regard on 12.01.2023 is not complied with by the appellant/petitioner. Therefore, dismissed the petition under Section 283(1)(c) of the Indian Succession Act.

4. The learned counsel for the appellant/petitioner submitted that the appellant has filed the application for taking citations through paper publication and it is pending, but during the pendency of the said application, the Probate Court has dismissed the petition.

5. There are procedures for taking out citations through paper publication, but that alone is not sufficient for inviting the other legal heirs of the deceased to come on record.

6. The learned counsel for the appellant/petitioner submitted that there are other legal heirs of the deceased who are legal representatives of sister of the appellant. Therefore, when other legal heirs are there, therefore, the Probate Court is correct in observing by issuing direction to the appellant/petitioner to furnish the details of other legal heirs of the deceased testator.

7. Taking out citations through paper publication is for inviting other legal heirs to contest the petition whoever are interested in the petition schedule premises. Just because, taking out citations through paper publication is alone not sufficient and it is the common procedure that even if citation through paper publication is taken out, but there are chances that other genuine legal heirs do not come know the proceedings in the Court that such and such case is filed and is pending. Therefore, the Probate Court is correct in directing the appellant/petitioner to furnish the other legal heirs of the deceased testator.

8. Therefore, it is hereby directed to the appellant/petitioner to make other legal representatives of the deceased testator as respondents in the probate petition and also liberty is reserved to follow the procedure for taking citations through paper publication.

9. With these observations, the appeal is disposed off. The order dated 06.02.2025 passed in P & SC No.15034/2023 by the V Addl. District & Sessions Judge, Bengaluru, is hereby upheld and remanded the matter to the Probate Court for disposal in accordance with law. The appellant/petitioner is directed to appear before the Probate Court on 16.12.2025.

SD/-

(HANCHATE SANJEEVKUMAR)

JUDGE PB List No.: 1 Sl No.: 44