- 1 - HC-KAR NC: 2025:KHC:29164 MFA No. 6176 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6176 OF 2024 (ISA) BETWEEN: 1. SRI. B.V.VINAYA KUMAR S/O. LATE VIJAYENDRA, AGED ABOUT 44 YEARS, R/AT EWS7, 1ST STAGE, KUVEMPU NAGAR, MYSURU CITY - 570 023. PRESENTLY RESIDING AT NO. 595, 9TH CROSS, BHARATH HBCS LAYOUT, NEAR PATALAMMA TEMPLE, NPS SCHOOL,TURAHALLI, SUBRAMANYAPURA, BENGALURU CITY. 2. SMT. B. V. KAMALA D/O. LATE VIJAYENDRA, AGED ABOUT 37 YEARS, PRESENTLY LIVING AS NON-IMMIGRANT IN SETTLE WASHINGTON, USA HAVING PASSPORT NO. FP3585837, REPRESENTED BY P.A. HOLDER, B.V. VINAY KUMAR. …APPELLANTS (BY SRI. NARASIMHARAJU, ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29164 MFA No. 6176 of 2024 AND: NIL …RESPONDENT THIS MFA IS FILED U/S 388 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 07.06.2024 PASSED IN P AND SC.NO.87/2023 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU, DISMISSING THE PETITION FILED UNDER SECTION 372 OF INDIAN SUCCESSION ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the petitioners, who have filed the petition under Section 372 of the Indian Succession Act, 1925, for grant of succession certificate, which is dismissed vide order dated 07.06.2024 by the VII Addl. Senior Civil Judge and JMFC, Mysuru, in P and SC No.87/2023. 2. The petitioners are claiming to be the Class II legal heirs of one Sri.S.Sheshedraiah and the said S.Sheshadraiah and his wife Shakunthala died intestate. - 3 - HC-KAR NC: 2025:KHC:29164 MFA No. 6176 of 2024 During their lifetime, said S.Sheshadraiah had invested some amount in the Bank in the Post Office and therefore, the petitioners being the Class 2 legal heirs of S.Sheshadraiah have filed the petition seeking grant of succession certificate, but the petition is dismissed on the reason that the petitioners have not produced any document to show that they are the legal heirs of S.Sheshadraiah and said S.Sheshadraiah died intestate. On these reasons, the petition is dismissed. 3. The petitioners have preferred this appeal and in the appeal they have filed an application for leading additional evidence under Order XLI Rule 27 CPC along with notarised copy of the certificate issued by the Deputy Tahsildar, City Circle Hobli, Bangalore South Taluk, Bangalore District that late S.Sheshadraiah and his wife Shakuntala died issueless. These additional documents showing the legal heir’s certificate/attestation of geneology that there are no other legal heirs of the deceased S.Sheshadraiah. The appellants have been shown as the - 4 - HC-KAR NC: 2025:KHC:29164 MFA No. 6176 of 2024 legal heirs emanating from the grandfather and the grandmother showing their father and uncles. In absence of any other contra evidence, the additional evidence can be considered for resolving the dispute. Therefore, it is proved that the appellants are the Class II legal heirs of deceased S.Sheshadraiah. As such, the application filed for leading additional documents is allowed and the succession certificate issued by the Deputy Tahsildar is accepted and accordingly, the appellants are entitled to the succession certificate. 4. Exs.P-6 to P-16 are the term deposits receipts, fixed deposit receipts, post office savings pass books and the letters issued by the Life Insurance Corporation of India. Therefore, the appellants are entitled to claim the estate of the deceased S.Sheshadraiah. Accordingly, the petition is liable to be allowed. 5. For the reasons aforestated, the appeal is allowed and the order dated 07.06.2024 passed by the VII - 5 - HC-KAR NC: 2025:KHC:29164 MFA No. 6176 of 2024 Addl. Senior Civil Judge and JMFC, Mysuru, in P and SC No.87/2023 is set aside. The District Court in which P and SC No.87/2023 is pending, is hereby directed to issue Succession Certificate to the appellants/petitioners. No costs. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 49