- 1 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24073 OF 2010 (ISA) BETWEEN: 1. ANNASAHEB GANAPATRAO GHORPADE, SINCE DECEASED BY HIS L.RS. a) SRI. SIDHANAND S/O ANNASAHEB GHORPADE, AGE: 38 YEARS, OCC: AGRICULTURE, R/O H. NO.4400, SHIVAJINAGAR, NIPANI, TQ. CHIKODI, DIST. BELGAUM – 561237. b) SMT. MANGAL W/O ANNASAHEB GHORPADE, SINCE DECEASED BY HER L.RS ALREADY ON RECORD APPELLANT-1(a), 1(c) AND 1(d) c) SMT. JYOTHI W/O UDAY MAHALUNGE, AGE: 46 YEARS, OCC: SERVICE, R/O. SHIVAJINAGAR, 6TH LANE, NIPANI – 591 237, TQ: CHIKODI, DIST: BELGAUM. d) SOU. TEJASWINI W/O RAJENDRA GHORPADE, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O HUPARI, TALUK:HATKANAGALA – 416 109, DIST: KOLHAPUR, MAHARASHTRA STATE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 2. SMT. RAJASHRI W/O SANTAJI GAIKWAD, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O SHIVAJI NAGAR, NIPANI, TQ. CHIKODI, DIST. BELGAUM. …APPELLANTS (BY SRI. B. S. KAMATE, ADVOCATE) AND: 1. SRI. SHAMRAO BAJIRAO PAWAR, SINCE DECEASED BY HIS LRS., a) SRI. TUKARAM SHAMRAO PAWAR, AGE. 58 YEARS, OCC. SERVICE, R/O. SONI, TALUK: MIRAJ – 416 410 DIST. SANGLI, MAHARASHTRA STATE. b) SMT. PAMABAI YASHWANT PATIL, AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. THANANG, TALUK. MIRAJ – 416 410 DIST. SANGLI, MAHARASHTRA STATE. c) SMT. RAJAKKA SHIVAJI PATIL, AGE. 54 YEARS, OCC. HOUSEHOLD WORK, R/O. SONI, TALUK: MIRAJ – 416 410 DIST. SANGLI, MAHARASHTRA STATE. d) MANGAL PRAKASH JADHAV AGE. 50 YEARS, OCC. HOUSEHOLD WORK, R/O. VASAGADE, TALUK: PALUS DIST. SANGLI, MAHARASHTRA STATE. 2. SRI. YESHWANT BAJIRAO PAWAR, SINCE DECEASED BY L.RS a) SMT. KASHIMABI, W/O YESHWANT PAWAR, AGE: MAJOR, OCC: AGRICULTURE, R/O SONI, TQ. MIRAJ – 416 410 DIST. SANGLI, MAHARASHTRA STATE. b) SRI. NAMADEV S/O YESHWANT PAWAR, AGE: 70 YEARS, OCC: SERVICE AND AGRICULTURE, - 3 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 R/O SONI, TQ. MIRAJ – 416 410 DIST. SANGLI, MAHARASHTRA STATE. c) SRI. SOPAN S/O YESHWANT PAWAR, AGE: 60 YEARS, OCC: SERVICE, R/O SONI, TQ. MIRAJ – 416 410 DIST. SANGLI, MAHARASHTRA STATE. d) SRI. MADHUKAR YESHWANT PAWAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O SONI, TQ. MIRAJ – 416 410 DIST. SANGLI, MAHARASHTRA STATE. e) MRS. MUKTABAI W/O GANAPATRAO PATIL, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O SONI, TQ. MIRAJ – 416 410, DIST. SANGLI, MAHARASHTRA STATE. f) MRS. GEETABAI W/O SHIVARAJ PATIL, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O BISUR VILLAGE, TQ. MIRAJ -416 410, DIST. SANGLI, MAHARASHTRA STATE. g) SMT. SHARADA W/O GANAPATI PATIL, AGE: 54 EARS, OCC: HOUSEHOLD WORK, R/O BISUR VILLAGE, TQ. MIRAJ -416 410, DIST. SANGLI, MAHARASHTRA STATE. h) MRS. VIMAL W/O ANANDRAO CHUDMURGE, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O BISUR VILLAGE, TQ. MIRAJ -416 410, DIST. SANGLI, MAHARASHTRA STATE. i) MRS. SINDHUTAI TANAJI PATIL, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O BISUR VILLAGE, TQ. MIRAJ – 416 410, DIST. SANGLI, MAHARASHTRA STATE. 3. SRI. BHIMARAO BAJIRAO PAWAR, AGE: MAJOR R/O (NOT STATED) - 4 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 4. SRI. ANANDRAO BAJIRAO PAWAR, SINCE DECEASED BY HIS L.R’S a) SUMAN W/O ANANDRAO PAWAR AGE: 67 YEARS, OCC: HOUSEHOLD WORK R/O AT POST: SONI, TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE. b) DEELIPESHISH S/O ANANDRAO PAWAR AGE: 50 YEARS, OCC: AGRI R/O AT POST: SONI, TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE. c) UDAYSHIH S/O ANANDRAO PAWAR AGE: 43 YEARS, OCC: AGRI R/O AT POST: SONI, TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE. d) PADMAJA DEEPAK GAGARI, AGE: 48 YEARS, OCC: HOUSEHOLD WORK R/O NO. 37, PRATITHI, VIVEKANANADA HOUSING SOCIETY, NEAR BHARTHA SUTGIRAN KUPAWAD ROAD, SANGLI, TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE. 5. SRI. GOVINDRAO BAJIRAO PAWAR, AGE: MAJOR, R/O MUMBAI, MAHARASHTRA STATE. 6 SOU. KASABI RAMA PATIL, SINCE DECEASED BY L.RS., a) GANAPATI @ GANESH S/O. RAMA PATIL, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. UPALAVI ROAD, AT POST. SONI, TQ. MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. - 5 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 b) BALASAHEB @ BALASO S/O. RAMA PAT SINCE DECEASED BY L.RS., (i) KAMAL KRISHNATH @ BALASAHEB PATIL, AGE. 52 YEARS, OCC. HOUSEHOLD, R/O. SONI VILLAGE, NEAR BANDU YADAV SHOP, M.S.E.B. ROAD, TQ. MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. (ii) SAVITA SHIVAJI JAMADADE AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. SONI VILLAGE, NEAR BANDU YADAV SHOP, M.S.E.B. ROAD, TQ. MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. (iii) SACHIN KRISHANAT @ BALASAHEB PATIL AGE. 28 YEARS, OCC. AGRI, R/O. SONI VILLAGE, NEAR BANDU YADAV SHOP, M.S.E.B. ROAD, TQ. MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. 7. SMT. KRISHNABAI MARUTI PATIL, SINCE DECEASED WITHOUT ANY L.RS 8. SOU. AKKATAI RANGRAO YADAV, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUMBAI, MAHARASHTRA STATE. 9. TANUBA HINDURAO PATIL, SINCE DECEASED BY L.RS a) NAVNATH HINDURAO PATIL, AGE. 52 YEARS, OCC. SERVICE, R/O. HATHNOLI, TALUK: TASAGAON, DIST: SANGLI. b) UDDHAV HINDURAO PATIL, AGE. 48 YEARS, OCC. FARMER, - 6 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 R/O. HATHNOLI, TALUK: TASAGAON, DIST: SANGLI. c) RAMATAI HINDURAO PATIL, AGE: 38 YEARS, OCC. HOUSEHOLD WORK, R/O. HATHNOLI, TALUK: TASAGAON, DIST: SANGLI. 10. SOU. BANUTAI VISHNU JADHAV, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O SONI, TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE. 11. SOU. SAKUBAI GANAPATI CHAVAN, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O KUMATA, TQ: TASGAON, DIST: SANGLI, MAHARASHTRA STATE. 12. SRI. APPASAHEB GANAPATRAO GHORPADE, AGE: 81 YEARS, OCC: PENSIONER, R/O SHIVAJINAGAR, NIPANI – 591 237 TQ: CHIKODI, DIST: BELGAUM. 13. SMT. ANASUYA DADU MANE, SINCE DECEASED BY L.RS. a) TANAJI DADASO MANE, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. MALE VILLAGE, TQ: HATHKANAGALA, DIST: KOLHAPUR, MAHARASHTRA STATE. b) RAJKUMAR DADASO MANE AGE. 52 YEARS, OCC. AGRICULTURE, R/O. MALE VILLAGE, TQ: HATHKANAGALA, DIST: KOLHAPUR, MAHARASHTRA STATE. c) PRABHAVATI BALAKRISHNA PAWAR, AGE. 55 YEARS, OCC. HOUSEHOLD, - 7 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 R/O. AITAVALI VILLAGE, TQ: VALVA, DIST: SANGLI, MAHARASHTRA STATE. d) REKHATAI KESHAV DHALAVI, AGE. 45 YEARS, OCC. HOUSEHOLD, R/O. DANOLI VILLAGE, TQ: SHIROL, DIST: KOLHAPUR, MAHARASHTRA STATE. e) KALPANA TUKARAM PATIL, AGE. 35 YEARS, OCC. HOUSEHOLD, R/O. PARAGAON VILLAGE, TQ. HATHKANAGALA, DIST: KOLHAPUR, MAHARASHTRA STATE. 14. SMT. AKKATAI BABURAO JADHAV, SINCE DECEASED BY L.RS a) SHRI. VASANT BABURAO JADHAV, AGE: MAJOR, OCC: AGRICULTURE, R/O UPALAVI, TQ: MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. b) SHRI. BALAVANT BABURAO JADHAV, AGE: MAJOR, OCC: AGRICULTURE, R/O UPALAVI, TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE. c) SHRI. JAYANT BABURAO JADHAV, AGE: MAJOR, R/O UPALAVI, TQ: MIRAJ – 416 410, DIST: SANGLI, MAHARASHTRA STATE. d) SHRI. ISWAR BABURAO JADHAV, AGE: MAJOR, R/O UPALAVI, TQ: MIRAJ – 416 410, DIST: SANGLI, MAHARASHTRA STATE. e) SOU. SHANTA TANAJI SHINDE, AGE: MAJOR, R/O MANERANJURI, TQ: TASGAV – 416 416, DIST. SANGLI, MAHARASHTRA STATE. f) SMT. SHAILA VASANT PATIL, AGE: MAJOR, R/O KAVATEPIRAN, TQ: TASGAV -416 416, DIST. SANGLI, MAHARASHTRA STATE. - 8 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 g) SOU. SUBHA SUKADEV SALAKE, AGE: MAJOR, R/O DHOGANGARSONI, TQ: TASGAV – 416 416, DIST: SANGLI, MAHARASHTRA STATE. 15. SHRIMANTI BHAUSAHEB GAIKWAD, AGE: 76 YEARS, OCC: HOUSEHOLD WORK, R/O SHVIAJI NAGAR, NIPPANI – 591 237, TQ: CHIKODI, DIST: BELGAUM. 16. SRI. HARIBA SHRIPATI CHAWAN, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O SONI, TQ: MIRAJ – 416 410, DIST: SANGLI, MAHARASHTRA STATE. 17. SRI. PANDURANG SHRIPATI CHAWAN, SINCE DECEASED BY HIS L.RS. a) UMESH S/O PANDURANG CHAWAN, AGE : 40 YEARS, OCC: AGRI b) SMT. SANGITA ARJUN PATIL AGE: 42 YEARS, OCC: HOUSE WORK c) RAMESH PANDURANG CHAWAN AGE : 38 YEARS, OCC: AGRI ALL R/O SONI VILLAGE TQ: MIRAJ, DIST: SANGLI, MAHARASHTRA STATE. 18 SRI. GORAKNATH SHRIPATI CHAWAN, AGE: 60 YEARS, OCC: AGRICULTURE, R/O SONI, TQ: MIRAJ – 416 410, DIST: SANGLI, MAHARASHTRA STATE. 19. SRI. DNYANDEO SHRIPATI CHAWAN, SINCE DECEASED BY LRS., a) SMT. PADMAVATI W/O. DENYANDEO CHAWAN AGE. 46 YEARS, OCC. HOUSEHOLD WORK, - 9 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 R/O. SONI, TQ: MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. b) RAHUL S/O. DENYANDEO CHAWAN, AGE: 25 YEARS, OCC. AGRICULTURE, R/O. SONI, TQ: MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. c) RANJIT S/O. DENYANDEO CHAWAN, AGE. 23 YEARS, OCC. AGRICULTURE, R/O. SONI, TQ: MIRAJ, DIST. SANGLI, MAHARASHTRA STATE. 20. SRI. VASANT SHRIPATI CHAWAN, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O SONI, TQ: MIRAJ -416 410, DIST. SANGLI, MAHARASHTRA STATE. 21. SMT. SHAKUNTALA SHIAVJI WAGAONKAR, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O SHIVAJINAGAR, NIPANI – 591 237, TQ: CHIKODI, DIST: BELGAUM. …RESPONDENTS (BY SRI. SHIVRAJ S. BALLOLLI, AND SRI. RAMESH I ZIRALI, ADVOCATE FOR R1(A TO D AND R21 SRI. VITTAL S TELI, ADVOCATE FOR R2 (A, D, E, F, G, H, I) R3, R4(B), R10, R11, R18, R19(A TO C) AND R20) R2(B), R2(C), R4(A), R4(C), R4(D), R6(A), R9(B), R9(C), R12, R13(A), R13(B), R13(D), R13(E), R14(A) TO R14(G), R16 PROPOSED R17(A), R17(B), R17(C), R18(A) TO R18(D) ARE SERVED. R5, R6(B)–II, R6-III, R8, R9(A), R13(C), R15 ARE HELD SUFFICIENT. R4, R6, R6(B), R9, R13, R1, R7, R17, R18 ARE DECEASED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 299 OF INDIAN SUCCESSION ACT 1925 R/W. ORDER 41 OF CPC., SET ASIDE THE ORDER DATED 09-08-2010, PASSED IN MISC. PETITION NO.108/1998, ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, BELAGAVI, BY ALLOWING THIS MFA WITH COSTS IN THE INTEREST OF JUSTICE. - 10 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appeal is filed by the claimants challenging the order dated 09.08.2010 passed in Misc.Petition No.108/1998 by the Principal District Judge, Belgaum, thereby, grant of Letter of Administration dated 10.12.1997 passed in P and SC No.5/1997 by the Prinicpal District Judge, Belgaum, in favour of appellants herein is recalled and accordingly grant is revoked and remanded to the District Court to consider P and SC No.5/1997 for afresh after impleading respondents No.1 to 11 and 15. 2. The appellants herein have filed P and SC No.5/1997 before the Court of Principal District Judge, Belgaum (District Judge) and the Learned District Judge has granted Letter of Administration in favour of present appellants in respect of the Will stated to have been executed by Housabai W/o. Bhajarang Pandurang Chauhan. - 11 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 3. Thereafter, the respondents herein have filed Misc.Petition No.108/1998, invoking the provisions of Section 263 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act, 1925’ for short) for revocation of the Letter of Administration granted in favour of appellants in P and SC No.5/1997. 4. Since the respondents herein were not parties in P and SC No.5/1997, learned District Judge, by acting under Section 263 of the Act, recalled the order passed on 10.12.1997. Consequently, the grant of Letter of Administration was recalled and revoked with an observation that directing the appellants to implead respondents No.1 to 11 and 15 and consider the petition afresh by initiating the necessary further proceedings. 5. The said order is under challenge in this appeal. 6. Since the respondents No.1 to 11 are also having interest in the petition schedule property and the P & SC No.5/1997 was obtained behind their back. Therefore, in this context, the learned District Court, has revoked the - 12 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 letter of administration granted in P & SC No.5/1997. Admittedly, respondents No.1 to 11 were not parties in P & SC No.5/1997. Therefore, such grant of letter administration in the absence of respondents No.1 to 11 also affects their rights. Therefore, the learned District Judge is justified in revoking the letter of administration granted in P & SC No.5/1997 and issuing direction to implead respondents No.1 to 11 as respondents in P & SC No.5/1997 and taken up for the perquisites. 7. When these respondents No.1 to 11 are also agitating their rights and interest towards the petition schedule property, then they are also necessary parties in the P & SC No.5/1997. Hence, the learned District Judge is correct in passing the order of revocation of grant of letter administration. Therefore, the appeal is liable to be dismissed. 8. The learned District Judge shall dispose of the matter within a period of nine months. - 13 - NC: 2025:KHC-D:3971 MFA No. 24073 of 2010 9. All the parties shall appear before the learned District Judge on 24.03.2025. The learned District Judge is directed to dispose of the petition within a period of nine months from 24.03.2025. 10. All the contentions of parties are left open. 11. All parties are given liberty to adduce any further evidence, if they are so advised. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA: para 1 to 5 PMP: para 6 to end List No.: 1 Sl No.: 32