- 1 - HC-KAR NC: 2025:KHC-D:7571 MFA No. 104765 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 104765 OF 2024 (ISA) BETWEEN: SRI. MALLAPPA S/O SATAPPA BISANAKOPPA, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: H.NO.409, BHIRADI, TQ: RAIBAG, DIST: BELAGAVI-591 217. … APPELLANT (BY SRI RAMACHANDRA A. MALI, ADVOCATE.) AND: NIL … RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 384 OF THE INDIAN SUCCESSIONS ACT, 1925, PRAYING TO SET ASIDE THE ORDER DATED 21.08.2023 PASSED IN P. AND S.C.NO.5026/2022 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI, CONSEQUENTLY TO ALLOW P. & S.C.NO.5026/2022 AS PRAYED THEREIN AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7571 MFA No. 104765 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) The petitioner before the trial Court has preferred this appeal challenging the order dated 21.08.2023, passed by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, in P. & S.C. No.5026/2022. 2. The District Court has dismissed the petition on the reason that the persons who have objected the petitioner in the revenue proceedings were not made as parties in this probate proceedings. Therefore, dismissed the petition. 3. Learned counsel for the appellant submitted that the persons objected the petitioner in revenue proceedings are not at all concerned to the suit schedule property and also to the testator who executed the Will. 4. But, when the persons who have participated in the revenue proceedings might have been having some interest over the suit property. Necessarily they need not be owners of property. They are contending that they are - 3 - HC-KAR NC: 2025:KHC-D:7571 MFA No. 104765 of 2024 in possession of the property. Therefore, if a liberty is given to the petitioner to implead those objectors in the probate proceedings, they may prosecute the probate and succession proceedings before the trial Court. 5. With these observations the case is required to be remanded to the trial Court. Therefore, the order passed by the District Court is liable to be set aside with a liberty to implead the objectors in the revenue proceedings, in the probate proceedings. Accordingly, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The order dated 21.08.2023, passed by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, in P. & S.C. No.5026/2022, is set aside. iii) The matter is remanded to the District Court. iv) The objectors shall be impleaded as parties to the probate proceedings before the District Court. - 4 - HC-KAR NC: 2025:KHC-D:7571 MFA No. 104765 of 2024 v) The District Court shall consider the matter afresh after permitting the appellant to implead the objectors. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 40