- 1 - NC: 2025:KHC:12243 MFA No. 6539 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6539 OF 2018 (ISA) BETWEEN: SMT V CHINNA BAI W/O LATE SRI. H.B.NAGABORAIAH AGED ABOUT 70 YEARS R/AT NO.883, 1ST FLOOR, 25TH CROSS, 50TH MAIN KUMARASWAMY LAYOUT, 1STSTAGE, BENGALURU - 560 078. …APPELLANT (BY SRI. R B SADASIVAPPA, ADVOCATE) AND: SRI. V SAMPANGIRAMAIAH S/O LATE SRI VENKATAPPA AGED ABOUT 60 YEARS R/AT NEAR OLD ST.MICHEAL SCHOOL KANAKAPURA TOWN, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …RESPONDENT (BY SRI. M D BASAVANNA, ADVOCATE) THIS MFA IS FILED U/S 299 OF THE INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 27/02/2018, PASSED IN P & S.C. NO.5002/2015, ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE RAMANAGARA TO SIT AT KANAKAPURA. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12243 MFA No. 6539 of 2018 ORAL JUDGMENT The appellant has filed this appeal questioning the order dated 27.02.2018 passed in P & S.C. No.5002/2015 by the learned II Addl. District and Sessions Judge, Ramanagara to sit at Kanakapura, thereby the District Court has allowed petition filed by the petitioner under Section 276 of Indian Succession Act and ordered to issue probate to the Will dated 13.12.2007 with respect to petition schedule property in the name of Sri. V. Sampangiramaiah son of late Venkatappa after collecting necessary fee in accordance with law. 2. The P & SC petition is uncontested one and the appellant herein was not made as a party in the said petition filed under Section 276 of Indian Succession Act before the Court of District Judge. Therefore, this Court is of the opinion that liberty is reserved to the appellant to file the application under Section 263 of Indian Succession Act for revocation or annulment of the impugned order dated 27.02.2018 passed by the District Court in P & SC No.5002/2015. Accordingly, the appeal is disposed of directing the District Judge to decide the same in accordance with law. The Execution of the order dated 27.02.2018 passed in P & S.C. No.5002/2015 by the learned - 3 - NC: 2025:KHC:12243 MFA No. 6539 of 2018 District Court is hereby stayed for a period of ten weeks reserving liberty to the appellant to make necessary application for staying the proceedings that could be initiated by the appellant under Section 263 of Indian Succession Act. The respondent herein shall contest the suit as per the Law. SD/- (HANCHATE SANJEEVKUMAR) JUDGE JS List No.: 1 Sl No.: 24