- 1 - NC: 2025:KHC-D:5081 MFA No. 102735 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 102735 OF 2024 (ISA) BETWEEN: SMT. SANGAVVA W/O. LATE GADIGEPPA ODIYAR, AGE 58 YRS, OCC: HOUSEHOLD, R/O. MANIKATTI, NOW RESIDING AT TIMMAPUR VILLAGE, TALUK AND DIST. DHARWAD, PIN-580201. …APPELLANT (BY SRI. CHETAN T. LIMBIKAI, ADV. FOR SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. MR. UMESH S/O. VENKAPPA WADEYAR, AGE 32 YRS, OCC. AGRICULTURE, R/O. 69, MASUTI ONI, MANIKATTI, TALUK: SAUDATTI, DIST. BELAGAVI-591126. 2. MR. RAMESH S/O. MAILARAPPA WADEYAR, AGE 26 YEARS, OCC. AGRICULTURE, R/O. 69, MASUTI ONI, MANIKATTI, TALUK: SAUDATTI, DIST. BELAGAVI-591126. …RESPONDENTS (BY SRI. SANTOSH B. RAWOOT, ADV. FOR R1 & R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 384 OF INDIAN SUCCESSION ACT, PRAYING TO SET ASIDE THE JUDGMENT /ORDER DATED 15.03.2024 PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN P & SC NO. 99/2023 AND DISMISS THE PETITION WITH COST THROUGHOUT BY ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5081 MFA No. 102735 of 2024 THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. The contention of the appellant is that she was not a party before the probate Court and without impleading her, the respondents have obtained probate certificate from the probate Court. The same is challenged before this Court. 2. Admittedly, the appellant was not a party before the probate proceedings. In these circumstances, she has to approach the very same Court under Section 263 of the Indian Succession Act to revoke the probate granted by the probate Court ex-parte. Even if this case is contested, the ultimate result will be the impugned order shall be set aside and the matter should be remanded to the very same Court. Since efficacious remedy is available to the appellant under the provisions of the Indian Succession Act, the appellant shall approach the very same Court, seeking revocation of probate. - 3 - NC: 2025:KHC-D:5081 MFA No. 102735 of 2024 3. In view of the aforesaid reason, this appeal is disposed off with liberty to the appellant to approach the probate Court which granted the probate in P & SC No.99/2023. 4. Since this appeal is not disposed on merits, the contentions of all the parties are kept open to be considered by the probate Court. 5. Learned counsel for the appellant submits that on the basis of the probate issued by the probate Court, the respondents are trying to alienate the property. Therefore, prays to protect the rights of the parties till the appellant approaches the probate Court and he submits that within a period of five weeks, he would file such application before the probate Court. 6. Learned counsel for the respondents submits that granting of five weeks time is not proper and he may be directed to approach the probate Court within two or three weeks, till such period order may be passed. - 4 - NC: 2025:KHC-D:5081 MFA No. 102735 of 2024 7. Considering the contentions of the parties, operation of the probate issued by the probate Court in P & SC No.99/2023 is stayed for a period of four weeks from today. In view of the disposal of the appeal, pending applications, if any, do not survive for consideration and the same are disposed off. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 29