- 1 - HC-KAR NC: 2025:KHC-D:10360-DB MFA No. 104474 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO.104474 OF 2018 (ISA) BETWEEN: SHRI VIKRAMSING S/O SUBHASH PATIL, AGE. 33 YEARS, OCC. AGRIL., R/O. MANGASULI, NOW AT SUBHAS BUILDING, RADHAKRISHNA COLONY, KANNA BHAG, SANGLI, DIST: SANGLI-416416. …APPELLANT (BY SRI. S. SHREEVATSA, SENIOR COUNSEL FOR SRI. SHIVARAJ S. BALLOLI, ADVOCATE) AND: 1. SMT. SUSHEELA W/O VASANT @ VASANTARAO PATIL AGE: MAJOR, OCC: AGRIL., R/O: BKAORGAON (BAHE), TAL: WALWA, DIST: SANGLI-416416. STATE MAHARASHTRA. 2. SHRI ASHOK S/O VISHWASRAO PATIL AGE: 65 YEARS, OCC: AGRIL., R/O: MANGASULI, TAL: ATHANI, DIST: BELAGAVI-590001. 3. SMT. SHANTA W/O JAYASINGRAO PATIL Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10360-DB MFA No. 104474 of 2018 AGE: MAJOR, OCC: H/W, R/O. NAGAV KAWATHE, TAL: TASAGAON-416416, DIST: SANGLI, STATE MAHARASHTRA. SINCE DECEASED R/BY HER LRS 3.A SHRI UDAY S/O. JAYSINGH PATIL, AGE. 51 YEARS, OCC. AGRICULTURE, 3.B SMT. MANSI W/O NARENDRA JAGADALE AGE. 49 YEARS, OCC. HOUSEHOLD WORK, BOTH ARE R/O. NAGAON, POST. KAWATHE EKHAND, TAL: TESAGAON, DIST: SANGLI-416312. …RESPONDENTS (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR SRI. CHETAN MUNNOLI, ADVOCATE FOR R2; SRI. ANAND R. KOLLI, ADVOCATE FOR R3(A) AND R3(B); NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 299 AND 384 OF INDIAN SUCCESSION ACT, PRAYING TO SET ASIDE THE ORDER DATED 30.10.2018 PASSED IN P & SC NO.14/2017 ON THE FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT CHIKODI BY ALLOWING THE APPEAL TO MEET THE JUSTICE AND EQUITY. THIS MFA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:10360-DB MFA No. 104474 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal has been filed calling in question the correctness of the order passed in P&SC No.14/2017, whereby the trial Court has rejected the petition for grant of probate. While passing the impugned order, the trial court has recorded certain findings relating to non-mentioning of litigation in the Will. 2. Learned counsel Sri. G. Balakrishna Shastry appearing for the respondent Nos.1 and 2 submit that even at the stage of consideration of grant of probate, if other interested persons were arrayed as respondents, they would have objected to grant of probate and legal consequences would have followed and accordingly, the order of the trial Court does not require to be interfered with. 3. After hearing the matter for sometime, learned Senior counsel appearing on behalf of the appellant submits that in light of the stand of the respondents’ counsel, it would be appropriate to remand the matter back for fresh proceedings to the trial Court, keeping open all contentions including as raised in the present appeal. - 4 - HC-KAR NC: 2025:KHC-D:10360-DB MFA No. 104474 of 2018 4. Learned counsel Sri. G. Balakrishna Shastry appearing for the respondents submits that the matter may be remitted back to the trial Court and respondents on record may be permitted to participate in the proceedings including to place names of other persons who may be interested in grant of probate. 5. Learned Senior counsel appearing for the appellant submits that if such stand is taken, and details of other persons interested are provided, they would make them as parties as well in the proceedings upon remand. 6. In light of the same, while noticing several contentions have been raised without entering into any adjudication, in light of the stand of the respondents that they intend to object the grant of probate, the present impugned order is set aside, the matter is remitted back to the trial Court for fresh consideration. Upon revival of the proceedings afresh before the trial Court, the respondent Nos.1 to 3 herein are at liberty to take their stand of opposing or otherwise as regards grant of probate while also are at liberty to putforth the names of other persons interested in the issue of grant of probate - 5 - HC-KAR NC: 2025:KHC-D:10360-DB MFA No. 104474 of 2018 upon which, the appellants may take necessary steps as undertaken in the present proceedings. Accordingly, appeal is allowed order dated 30.10.2018 in P&HC No.14/2017 is set aside and the same is remanded. The matter is remitted for fresh consideration in terms of the observations made above. All contentions are kept open. 7. The present parties are directed to appear before the trial Court without fresh notice on 10.09.2025. 8. The submission of the learned counsel for the respondents that they would not take any steps to alienate properties for a period of four [4] weeks is taken on record, while clarifying such undertaking is only for the interregnum and must not be construed to affect rights and entitlements of the parties subsequently. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 31