IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5790 OF 2024 (ISA)

BETWEEN:

SRI K.M.RAMAKRISHNA S/O LATE K. MALAIAH, AGED ABOUT 73 YEARS, RESIDING AT NO.128, NAVAGRAHA TEMPLE STREET, MEGALABEEDHI, RAMANAGARA ROAD, KANAKAPURA TOWN, RAMANAGARA DISTRICT – 562 117.

…APPELLANT (BY SRI.C.S.PRAKASH HNADE, ADVOCATE)

AND:

NIL …RESPONDENT Digitally signed by RAMYA D THIS MFA FILED U/S 299 OF INDIAN SUCCESSION ACT Location: AGAINST THE ORDER DT. 23.09.2022 PASSED IN P AND HIGH SC.NO.5007/2021 ON THE FILE OF THE II ADDITIONAL COURT OF DISTRICT AND SESSIONS JUDGE, RAMANAGARA, SIT AT KARNATAKA KANAKAPURA, REJECTING THE PETITION FILED UNDER SECTION 276 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 petitioner in P & SC No.5007/2021 questioning the order dated 23.09.2022 passed by the Court of II Additional District and Sessions Judge, Ramanagara, Sitting at Kanakapura, in P & SC No.5007/2021, thereby, the petition filed under Section

276 of the Indian Success Act, 1925, is rejected.

2. The appellant/petitioner has filed the petition under Section 276 of the Indian Succession Act, 1925 (for short ‘the Act’) praying to grant certificate of probate pertaining to the Will dated 18.03.1985 stated to have been executed by the deceased K.M.Mallaiah, s/o. Malaiah, who is the brother of appellant/petitioner and the appellant/petitioner being the propounder of the Will has filed the above petition, but the trial court has rejected the petition. It is stated that the testator K.M.Mallaiah and his wife Narasamma had no issues. The appellant/petitioner is the younger brother of the deceased K.M.Mallaiah. Therefore, the deceased K.M.Mallaiah had executed a Will and bequeathed the petition schedule premises in favour of the appellant/petitioner. It is stated that five witnesses have put the signatures as attesting witnesses and one among the witnesses is examined as PW2, but inspite of it the petition is rejected. The only reason given by the Probate Court is that the appellant/petitioner had put signature on the Will, therefore suspected the Will and rejected the petition.

3. Since there are no other legal heirs of the deceased K.M.Mallaiah and Narasamma, the petition is filed seeking Probate Certificate and Paper Publication is issued inviting any objection from anybody else, but the Probate Court has not received any objection to the petition. The Probate Court only on the reason that the appellant/petitioner has put signature on the Will assumed that the appellant has actively participated in the Will and thus, created out itself and rejected the petition.

4. Heard arguments from the learned counsel for the appellant/petitioner.

5. Having heard the learned counsel appearing for both parties and on perusal of the materials on record, the following points would arise for consideration:

(i) Whether the appellant makes out case for grant of Succession Certificate?

(ii) Whether the impugned order passed by the trial court requires any interference from this Court?

6. The appellant/petitioner is propounder of the Will dated 18.03.1985. It is the case of appellant/petitioner that his elder brother K.M.Mallaiah, son of K.Malaiah had executed a Will dated 18.03.1985 and bequeathed the petition schedule premises in favour of the appellant/petitioner. Both K.M.Mallaiah and wife Narasamma have no issues. Ex.P-1 is the Genealogical Tree and Ex.P-2 is the copy of Aadhaar Card of the appellant/petitioner. Considering this K.M.Mallaiah and Narasamma died issueless, the appellant is younger brother of deceased K.M.Mallaiah, to disprove these facts there is no other contra evidence. Exs.P-4 and P-5 are the death certificates of K.M.Mallaiah and his wife Narasamma. Therefore, the above said documents prove the fac