- 1 - NC: 2025:KHC:3175 MFA No. 5212 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 5212 OF 2021 (ISA) BETWEEN: 1. MR. VENKATARAMANAPPA S/O LATE VENKATAPPA AGED ABOUT 53 YEARS R/AT NO.90, KADUGODI POST BIDARAHALLI HOBLI BELTHUR COLONY BANGALORE-560 067. …APPELLANT (BY SRI. RAKESH B. BHAT., ADVOCATE) AND: 1. NIL …RESPONDENT THIS MFA IS FILED UNDER SECTION 299 OF THE INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 23.04.2021 PASSED IN P AND S.C.NO. 2/2021 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR, REJECTING THE PETITION FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT, 1925. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3175 MFA No. 5212 of 2021 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard learned counsel for the appellant. This miscellaneous first appeal is filed against the order of rejection of P & S.C.No.2/2021 on the file of I Additional District Judge, Kolar. 2. Learned counsel for the appellant would contend that the Trial Court committed an error in dismissing the petition. The counsel, in support of his argument, produced memo along with photograph of the testator and also photographs for having attended final rituals of the testator. The counsel also produced prescription to show that appellant himself took the testator to hospital and also produced medical certificate and copy of Voter ID. The counsel also produced additional affidavit evidence of P.Ws.1 to 3 and so also the medical prescriptions issued in respect of late Kondappa dated 05.08.2018, 22.08.2018 and 25.10.2018 and copy of mutation extract is also produced. Learned counsel also brought to notice of this Court the fact that Trial Court while considering the matter made an observation that copy of M.R.No.5/95-96 is not produced and prays for this Court to set aside the order and - 3 - NC: 2025:KHC:3175 MFA No. 5212 of 2021 grant an opportunity to the appellant to place all these documents before the Trial Court. 3. Having heard learned counsel for the appellant and having considered the grounds urged in the appeal and also the additional documents placed before this Court, wherein the appellant has produced photographs and also medical prescriptions, to show that the appellant was there with the deceased at the time of his death and contend that witnesses, who have been examined deposed before the Trial Court with regard to sound state of mind of the testator though he passed away within 15 days of execution of Will. The counsel also brought to notice of this Court that an observation is made that the Will produced before the Trial Court does not appear to be the original document, but its colour Xerox/photocopy, but the same is the original on verification and the matter be considered afresh along with additional evidence. 4. Having considered said submission and also the grounds urged and considering production of photographs and other documents, the matter has to be considered afresh. Hence, the appellant is permitted to produce all the documents - 4 - NC: 2025:KHC:3175 MFA No. 5212 of 2021 before the Trial Court and lead further evidence and therefore the impugned order is set aside remitting the matter to the Trial Court to consider the same afresh, considering production of additional documents. 5. In view of the discussion made above, I pass the following: ORDER (i) The appeal is allowed. (ii) The impugned order is set aside and matter is remitted to the Trial Court to consider the same afresh. (iii) Though the appellant filed an application under Order 41 Rule 27 CPC and produced only Xerox copy, the appellant is directed to produce all the original documents before the Trial Court and lead further evidence. (iv) The appellant is directed to appear before the Trial Court on 20.02.2025 without expecting any notice. (v) The Trial Court is directed to dispose of the matter expeditiously within a period of six months and permit the appellant to examine any other witness, if he chooses to do so or examine the witnesses, who have already - 5 - NC: 2025:KHC:3175 MFA No. 5212 of 2021 been examined, in case further evidence of those witnesses are required, since additional affidavit is filed before the Court. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 50