- 1 - NC: 2025:KHC:755-DB MFA No. 7386 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 7386 OF 2024 (ISA) BETWEEN: 1. SMT. N. VASUNDARAMMA W/O LATE SRI. V. SANTHANAM AGED ABOUT 82 YEARS RESIDENT OF No.48-B-2 7TH 'B' CROSS, KHB SFS YELAHANKA NEW TOWN BENGALURU-560 064 REPRESENTED BY HER PA HOLDER SRI. S. ANANTH 2. SRI. S. ANANTH S/O LATE SRI. V. SANTHANAM AGED ABOUT 48 YEARS RESIDENT OF No.48-B-2 7TH 'B' CROSS, KHB SFS YELAHANKA NEW TOWN BENGALURU-560 064 …APPELLANTS (BY SRI. VIJAY A.M., ADVOCATE) AND: NIL …RESPONDENT THIS MFA IS FILED UNDER SECTION 384 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:755-DB MFA No. 7386 of 2024 01.10.2024 PASSED IN P AND S.C.No.356/2024 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-12) AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing for the appellants. 2. It is submitted by the learned counsel appearing for the appellants that appellant No.1 is the sister of one Sri N. Ananthanarayana who passed away on 14.01.1995, leaving his entire properties to his wife Smt. Indira Ananthanarayana. It is submitted that the couple were issueless and that Smt. Indira Ananthanarayana was living along with the appellants herein who are her only relatives. It is submitted that a registered Will was executed by Smt. Indira Ananthanarayana on 27.08.2015, bequeathing the - 3 - NC: 2025:KHC:755-DB MFA No. 7386 of 2024 immovable properties in favour of appellant No.2 and certain amounts lying in savings accounts in favour of appellant No.1. It is submitted that Smt. Indira Ananthanarayana also had made some financial investments in the form of Government Bonds, Shares, Debentures, Mutual Funds, etc. Since the Will dated 27.08.2015 did not contain any reference to such instruments, a Codicil was executed on 02.10.2019, bequeathing some of the shares and financial investments in favour of appellant No.2. 3. It is submitted that an application was filed by the appellants seeking Succession Certificate in respect of the shares and the financial investments, which came to be dismissed by the District Court on the ground that the Codicil had not been proved by examining the witnesses thereto who were different from the witnesses to the original Will. 4. It is submitted by the learned counsel appearing for the appellants that there are no other legal - 4 - NC: 2025:KHC:755-DB MFA No. 7386 of 2024 representatives/legal heirs for Smt. Indira Ananthanarayana and that some of the shares have already been transferred in the name of appellant No.2. It is however, contended that it was only on the ground that the witnesses to the Codicil who are still alive had not been examined before the District Court, the application was rejected by the District Court. 5. An application IA No.1/2024 is filed before this Court seeking remand of the matter to the District Court to enable the appellants to examine the witnesses to the Codicil marked as Ex.P5 in accordance with Section 67 of the Bharatiya Sakshya Adhiniyam, 2023. 6. Having considered the contentions advanced and in the special facts and circumstances of the instant case and in the interest of justice, we are of the opinion that the matter requires further consideration at the hands of the District Court. - 5 - NC: 2025:KHC:755-DB MFA No. 7386 of 2024 7. The appeal is, therefore, allowed-in-part. The order of the District Court dated 01.10.2024 in P & SC No.356/2024 is set aside. Matter is remitted to the District Court for further consideration. The matter is remanded to the District Court for further consideration and to enable the appellants to examine the witnesses to the Codicil. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 5