- 1 - HC-KAR NC: 2025:KHC-D:8300 MFA No. 101302 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101302 OF 2017 (ISA) BETWEEN: SHRI RAMESH BALAPPA PATIL, AGED ABOUT 37 YEARS, R/O: HANDIGUND, TALUK: RAIBAG, DIST: BELAGAVI. … APPELLANT (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: NIL … RESPONDENT THIS MFA IS FILED UNDER SECTION 384 OF INDIAN SUCCESSION ACT, 1925, PRAYING TO SET ASIDE THE JUDGMENT DATED 23.02.2017 PASSED IN P AND SC NO.32/2014 ON THE FILE OF THE I ADDL. DIST. JUDGE, BELAGAVI. THIS APPEAL, COMING ON FOR FINAL HEARING 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:8300 MFA No. 101302 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This Miscellaneous First Appeal is filed by the appellant/petitioner challenging the order passed in P & SC No.32/2014 dated 23.02.2017 on the file of I Additional District Judge, Belgavi (for short, ‘Probate Court’). 2. The petitioner has filed the petition under Section 276 of the Indian Succession Act, 1925 (for short, ‘Act, 1925’), praying to grant probate and succession certificate in favour of him, in respect of the registered Will dated 30.11.1984, in respect of the properties shown in the schedule of the petition. 3. In spite of giving public notice by way of paper publication, no person, as objector, has appeared before the Probate Court. The Probate Court has dismissed the petition on the reason that the mandatory requirements of Section 276(1)(b), (d), (e) and 2(b) of Act, 1925, are not complied with. Further, the present appeal is only for Section 276 of the Act, 1925, which is made for granting probate. The relief of claiming succession certificate is also made in the petition. But the presence of granting succession certificate is not invoked. - 3 - HC-KAR NC: 2025:KHC-D:8300 MFA No. 101302 of 2017 Further, the appellant has not complied the requirements as per Section 372(1), (2) and (3) of the Act, 1925. Therefore, on the reason that mandatory requirements are not complied in the petition, the Probate Court has dismissed the petition. 4. The Probate Court has not dismissed the petition on merits. The dismissal of petition is only on technical reasons as stated above. There are mandatory requirements, which are to be followed while filing the petition as observed by the Probate Court. Therefore, there is no fault found in the order passed by the Probate Court. 5. The learned counsel for the appellant/petitioner submitted that there is no opposition or objectors objecting the petition and the witnesses have been examined in support of the Will executed by testator. Just because, witnesses have been examined in Will, but unless the legal requirements for filing the petition complied with, no probate can be issued; that is what observed by the Probate Court. 6. However, no fault could be found in the order passed by the Probate Court. But giving one more opportunity to the appellant/petitioner to get probate or succession - 4 - HC-KAR NC: 2025:KHC-D:8300 MFA No. 101302 of 2017 certificate or both, by giving liberty to the appellant/petitioner to make amendment in the petition and prosecute a fresh petition in accordance with law, the case is required to be remanded to the Probate Court for fresh consideration. 7. Hence, only for remand purpose, the impugned order passed by the Probate Court is hereby set aside and remanded the matter to the Probate Court for fresh consideration. 8. Liberty is reserved to make suitable amendment in the petition. After making amendment of complying the legal provisions as discussed above, the Probate Court shall consider the petition as fresh petition in accordance with law based on the evidence already adduced. The appellant/petitioner is given liberty to adduce further evidence either oral or documentary or both. 9. With these observations, I proceed to pass the following: ORDER i) The appeal is allowed. - 5 - HC-KAR NC: 2025:KHC-D:8300 MFA No. 101302 of 2017 ii) The order passed in P & SC No.32/2014 dated 23.02.2017 on the file of I Additional District Judge, Belgavi, is hereby set aside. iii) The matter is remanded to the Probate Court for fresh consideration. iv) The appellant/petitioner shall appear before the Probate Court on 04.08.2025 without awaiting for any notice from the Court. v) The appellant/petitioner shall make necessary amendment to the petition within a period of one month from 04.08.2025. vi) The Probate Court shall dispose of the case as early as possible within a period of six months from the date of appearance of the party. vii) No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 50