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NC: 2026:KHC:16145 MFA No. 693 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

MISCELLANEOUS FIRST APPEAL NO. 693 OF 2025 (ISA)

BETWEEN:

1. SHIVASHANKAR S/O. LATE BADREGOWDA,

AGED ABOUT 57 YEARS, R/AT TOREKADANAHALLI VILLAGE,

HALAGURU HOBLI, MALAVALLI TALUK,

MANDYA DISTRICT-571 421.

…APPELLANT (BY SRI SREENIVASAN M Y, ADVOCATE)

AND:

1. SRIDHARA H. S.

S/O. LATE SHIVALINGEGOWDA, Digitally signed by MAHALAKSHMI B M AGED ABOUT 39 YEARS, Location: HIGH

COURT OF R/AT NO. 58, HEGGURU VILLAGE, KARNATAKA BANNURU HOBLI,

T. NARASIPURA TALUK, MYSURU DISTRICT-571 101.

…RESPONDENT (BY SRI RAVINDRA PRASAD B., ADVOCATE)

THIS MFA IS FILED U/S 299 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 27.04.2024 PASSED IN P & SC.33/2023 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, ALLOWING THE PETITION

FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT.

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NC: 2026:KHC:16145 MFA No. 693 of 2025

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

This present Miscellaneous First Appeal is preferred

against the order passed in P & SC No.33/2023 on the file of the I Additional District and Sessions Judge, Mandya ('Trial Court' for short). By the impugned Order dated 27.04.2024, the petition filed by the respondent herein under Section 372 of the Indian Succession Act ("Act" for short) was allowed and the probate was granted in favour

of the respondent herein as under:

"The petition filed by the petitioner under Section

276 of Indian Succession Act is hereby allowed.

It is hereby ordered that, petitioner is entitled for probate in respect of last Will of Padma w/o Late Rudregowda dated 01.03.2023 in respect of petition

schedule properties.

Issue Probate in respect of petition schedule properties in the name of petitioner subject to following

conditions:

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NC: 2026:KHC:16145 MFA No. 693 of 2025

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"1) The petitioner shall pay required Court fee.

2) The petitioner shall execute indemnity bond with one solvent surety for the value of Rs.10,00,000/-

(Rupees Ten Lakhs only)".

2. Heard learned counsel appearing for the

appellant and learned counsel appearing for the

respondent.

BRIEF FACTS

3. Padma, wife of late Rudregowda, died on

15.03.2023 leaving behind a Will (Exhibit P1) dated 01.03.2023 in favour of the respondent. The respondent

claiming under the said Will, filed a probate petition.

4. The grievance of the appellant is that the

appellant was not made a party in the P & SC proceedings and the respondent has obtained probate by suppressing the material facts. The appellant claims to be the brother

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NC: 2026:KHC:16145 MFA No. 693 of 2025

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of the deceased Rudregowda under whom the respondent

traces title through the Will.

5. Learned counsel appearing for the appellant

submits that the appellant was a necessary party to the probate proceedings but was not included. The respondent has also filed a suit for declaration based on the same Will, against the appellant, but did not disclose the probate proceedings and hence, the probate obtained is liable to

be interfered with.

6. Learned counsel appearing for the respondent

sought to justify the impugned order and submits that the impugned order is passed after considering all materials on record and that the appellant is not a necessary party in P & SC proceedings. It is submitted that grant of probate does not confirm ownership or title and a separate

suit for declaration is already pending adjudication.

7. This Court has carefully considered the rival

submissions and perused the material on record.

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NC: 2026:KHC:16145 MFA No. 693 of 2025

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8. The genealogy of the parties is as under :

Genealogy Bhadregowda

Rudregowda Shivashankar Padma (wife) (appellant)

Shridhara (claims under the Will executed by Padma)

9. The grievance of the appellant is that, the

appellant being th

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