IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31^ST DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO. 102964 OF 2022 (GM-CPC)

BETWEEN:

SRI. HOLEPPA, S/O. SANGAPPA KAMANNAVAR @ ARAKERI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. NAVALAGI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587 311.

- PETITIONER (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

AND:

1. SMT. JAYASHREE, D igitally signed by W/O. BASAPPA @ BASAVRAJ KAMANNAVAR, VIJAYALAKSHMI M KANKUPPI AGE: 43 YEARS, OCC: AGRICULTURE Location: HIGH COURT OF KARNATAKA AND HOUSEHOLD WORK, R/O. NAVALAGI, DHARWAD BENCH TQ: RABAKAVI-BANAHATTI, Date: 2025.11.03

16:24:25 +0530 DIST: BAGALKOT-587311.

2. KUMAR. TIPPANNA, S/O. BASAPPA @ BASAVARAJ KAMANNAVAR, AGE: 21 YEARS, OCC: STUDENT, R/O. NAVALAGI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587311.

3. KUMAR. MALLAPPA, S/O. BASAPPA @ BASAVARAJ KAMANNAVAR, AGE: 19 YEARS, OCC: STUDENT, R/O. NAVALAGI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587311.

4. SRI. HANAMANT, S/O. GADIGEPPA KAMANNAVAR @ ARAKERI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. NAVALAGI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT-587311.

- RESPONDENTS (BY SRI. GIRISH A.YADAWAD, SRI. D.J.DESHPANDE AND SRI. ASHOK C.ANGADI, ADVOCATES FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 27/06/2022 IN P AND SC NO.01/2020 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE BAGALKOT TO SIT AT JAMKHANDI VIDE ANNEXURE-A, BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

The petitioner is aggrieved of the dismissal of the applications in I.A.NoS.2 and 3 filed in P&SC No.1/2020 seeking revocation of the probate and succession certificate granted by the Court earlier by order dated 24.09.2021. 2. The respondent herein had filed P&SC No.1/2020 seeking probate and succession certificate of the unregistered Will dated 21.04.2008 said to have been left behind by Smt.Paddawwa. Smt.Paddavva is the sister of Gadigeppa and Sangappa. Smt. Paddavva died unmarried. The children of Gadigeppa are respondents herein, and they filed P&SC case contending that Smt.Paddavva has left behind a Will and has bequeathed the property in question in their favour. However, the children of Sangappa, the other brother of Smt.Paddavva contend that Smt.Paddavva never left a Will bequeathing the property in favour of the children of Gadigappa alone, and since the petitioner was not made as party-respondent to P&SC proceedings, the petitioner earlier filed a miscellaneous first appeal before this court in MFA No.100825/2022, being aggrieved of the orders passed in P&SC proceedings. However, liberty was sought from this court to withdraw the appeal and seek revocation of the probate granted by the court. Accordingly, MFA No.100825/2022 was disposed of on 20.04.2022 granting liberty to the petitioner to seek revocation of the orders passed by the P&SC court. Accordingly, I.A.Nos.2 and 3 were filed by the petitioner for revocation of the probate and succession certificate. By the impugned order dated 27.06.2022, the applications were rejected, and consequently, this writ petition is filed.

3. Learned counsel for the respondents submits that earlier, the petitioner had filed O.S.No.231/2021 seeking partition and separate possession of the suit schedule properties, which is nothing but the subject matter of the probate and succession certificate issued by the court. O.S.No.233/2021 was also filed by the petitioner seeking declaration and permanent injunction. However, O.S.No.231/2021 was dismissed for non-prosecution. Further, the petitioner has filed O.S.No.294/2023 seeking the very same relief, i.e., partition and separate possession, and the respondents also filed O.S.No.388/2022 seeking partition and separate p