- 1 - NC: 2025:KHC-D:5155 MFA No. 102111 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 102111 OF 2024 (ISA) BETWEEN: 1. ANNAVVA W/O. MARUTI HANCHINAL, AGE 47 YEARS, OCC: AGRICULTURE, R/O. KALLOLLI VILLAGE, TQ. MUDALGI, DIST. BELAGAVI. 2. BHIMSHI S/O. MARUTI HANCHINAL, AGE 25 YEARS, OCC. AGRICULTURE, R/O. KALLOLLI VILLAGE, TQ. MUDALGI, DIST. BELAGAVI. 3. RAJIV S/O. MARUTI HANCHINAL, AGE 22 YEARS, OCC. AGRICULTURE, R/O. KALLOLLI VILLAGE, TQ. MUDALGI, DIST. BELAGAVI. 4. AKSHATA W/O. PRABHU HUKKERI, AGE 27 YEARS, OCC. HOUSEHOLD, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5155 MFA No. 102111 of 2024 R/O. KALLOLLI VILLAGE, TQ. MUDALGI, DIST. BELAGAVI. …APPELLANTS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. NAGAPPA S/O. KALLAPPA HANCHINAL, AGE 49 YEARS, OCC: AGRICULTURE, R/O. KALLOLLI VILLAGE, TQ. MUDALGI, DIST. BELAGAVI. 2. RAJASHREE W/O. SANJU HANCHINAL, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. KALLOLLI VILLAGE, TQ. MUDALGI, DIST. BELAGAVI. 3. SHOBHA W/O. ISHWAR HUKKERI, AGE 5235 YEARS, OCC: AGRICULTURE, R/O. KALLOLLI VILLAGE, TQ. MUDALGI, DIST. BELAGAVI. …RESPONDENTS (BY SRI. SANJAY S. KATAGERI, ADV. FOR R1 TO R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.384 OF THE INDIAN SUCCESSIONS ACT, 1925, PRAYING TO SET ASIDE THE ORDER DATED 16.02.2021 PASSED BY THE LEARNED IX ADDL. SESSIONS JUDGE BELAGAVI IN P AND SC NO.19/2020. THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5155 MFA No. 102111 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Heard the advocate for both the sides. 2. The appellants have challenged the issue of probate of Will dated 28.09.2018 granted by the IX Addl.Sessions Judge, Belagavi in P & S.C.No.19/2020. 3. The contention of the appellants is that the appellants are the legal representatives of deceased and without making them as party, respondents have obtained probate certificate from the competent Court. Therefore they prayed to set aside the order of grant of probate in favour of respondent Nos.1 to 3. 4. Admittedly, probate was granted ex-parte in favour of the respondents. The appellants instead of filing this appeal, should have approached the probate Court under Section 263 of the Indian Succession Act. Even if this appeal is allowed, matter has to be remanded to the trial Court for re-consideration of grant of probate. - 4 - NC: 2025:KHC-D:5155 MFA No. 102111 of 2024 5. Under the circumstances, appeal needs to be dismissed giving liberty to the appellants to approach the probate Court in P & S.C.No.19/2020 under Section 263 of the Indian Succession Act. 6. Appeal is not disposed off on merits. Hence contention of the parties kept open to be urged before probate Court. 7. Four weeks time is granted to the appellants to approach the probate Court under Section 263 of the Indian Succession Act. Till then, operation of the order passed by the probate Court in P & S.C.No.19/2020 dated 16.03.2021 is stayed. 8. Appeal is dismissed. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 36