IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39620 OF 2025 (GM-CPC)

BETWEEN:

RAIOMOND KHODADAD IRANI S/O LATE KHODADAD R. IRANI, AGED ABOUT 68 YEARS, RESIDING AT NO. 34, SAHNEY SUJAN PARK OFF KONDHWA ROAD, PUNE CITY PUNE 411 040 MAHARASHTRA …PETITIONER (BY SRI. SUBRAMANYA S UPASANA., ADVOCATE)

AND:

1. DINSHAW KALI CAWASJI S/O LATE MR. KALI D. CAWASJI, AGED ABOUT 59 YEARS, R/ AT NO.16, ALEXANDRA STREET, Digitally signed by RICHMOND TOWN SHARADAVANI B BENGALURU - 560 025 Location: High Court of Karnataka

2. KAMAL KALI CAWASJI D/O MR. KALI D. CAWASJI, AGED ABOUT 55 YEARS, RESIDING AT FLAT NO. 411, EMBASSY TRANQUIL, NO. 22, 8^TH MAIN, 3^RD BLOCK, KORAMANGALA, BENGALURU 560 034 …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE PROCEEDINGS IN P AND SC NO.40 OF 2022/O.S. NO. 8618 OF 2024 PENDING BEFORE THE LEARNED IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-5) AND UPON PERUSAL THEREOF, SET ASIDE AND/OR QUASH THE ORDER DATED 24 SEPTEMBER 2024 PASSED IN P AND SC NO. 40 OF 2022, WHEREBY THE SAID PROCEEDINGS INSTITUTED UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 HAVE BEEN DIRECTED TO BE CONVERTED INTO AN ORIGINAL SUIT UNDER THE CODE OF CIVIL PROCEDURE, 1908 AND REGISTERED AS O.S. NO. 8618 OF 2024, INCLUDING ALL THE ORDERS AND DIRECTIONS PASSED OR GIVEN PURSUANT TO OR CONSEQUENT UPON THE IMPUGNED ORDER DATED 24 SEPTEMBER 2024.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

Heard the learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with.

2. A perusal of the material on record will indicate that the respondents instituted P & SC No.40 of 2022 under Section 372 of the Indian Succession Act seeking grant/issuance of Succession Certificate in relation to the stocks, shares, debts, securities, etc., in respect of late Smt.Tehmina Kali Cawasji and for other reliefs. The said proceedings were initiated by Respondent Nos.1 and 2 by showing the contesting respondents/opposite parties as 'nil'. During the course of the proceedings, the petitioner got himself impleaded as contesting respondent vide order dated 29.09.2023. Thereafter, the petitioner having filed objections to the main petition, the Trial Court by the impugned order dated 24.09.2024 converting the P & SC proceedings into a suit and registered the said P & SC No.40 of 2022 as O.S.No.8618 of 2024. Aggrieved by the impugned order converting P & SC No.40 of 2022 into O.S. No.8618 of 2024, the petitioner is before this Court by way of the present petition, interalia contending that the very conversion is impermissible in law in as much as the instant P & SC proceedings would necessarily have to be decided in terms of Section 373 of the Indian Succession Act and as such, the impugned order converting the P & SC proceedings into a contentious suit deserves to be set aside.

3. It is needless to state that upon an application filed for grant/issuance of Succession Certificate by the respondent under Section 372 of the Indian Succession Act, it is incumbent upon the Trial Court to consider the same and dispose of the proceedings in terms of Section 373 of the Indian Succession Act. Under these circumstances, merely because the registry of the Trial Court has directed registration of the P & SC proceedings as O.S.No.8618 of 2024, it cannot be said that the Trial Court would not follow the procedure contemplated under Section 373 of the Indian Succession Act. Under these circumstances, in the absence of any demonstrable prejudice cause to the petitioner by mere registration of the proceedings as O.S.No.8618 of 2024, I am of the considered opinion that the impugned order passed by the Trial Court c