- 1 - NC: 2025:KHC-D:1342 MFA No. 103856 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103856 OF 2023 (ISA) BETWEEN: SRI MUTTAPA S/O. SANGAPPA HERALGI, AGE. 50 YEARS, OCC. SERVICE, R/O. NARAYANASOFA PANJI ONI, OLD HUBBALLI, HUBBALLI. …APPELLANT (BY SRI SHARAD V.MAGADUM, ADVOCATE) AND: NIL …RESPONDENT (RESPONDENT NIL) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 299 AND 384 OF THE INDIAN SUCCESSION ACT 1925, PLEASED TO MODIFY THE ORDER PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN P AND SC NO.10/2021 DATED 21.04.2022 BY ALLOWING THE APPEAL HOLDING THAT THE PETITIONER IS ENTITLED FOR MOVABLES OF DECEASED ANNAPURNA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1342 MFA No. 103856 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant questioning the order dated 21.04.2022 passed in P and SC.No.10/2021 by the I Additional District and Sessions Judge, Dharwad, so far as rejecting the issuance of letter of administration for the movable properties of the testator Kudlappa on the reason that Kudlappa died intestate. It was observed that the properties are governed by the personal law applicable to Kudlappa. 2. Now, the present appeal is filed so far as not receiving the letter of administration for the movable properties before the District Judge, with the Will dated 18.12.2019 (Ex.P-4) the only document produced. It is the case of petitioner that that both Annapurna and Kudlappa have executed the Will bequeathing all properties in favour of appellant. It is also stated that Kudlappa executed a Will, but the same has not been produced before the District Judge, Dharwad. - 3 - NC: 2025:KHC-D:1342 MFA No. 103856 of 2023 3. The appellant has produced a copy of the Will along with memo, which is stated to have been executed by the testator Kudlappa. Though the District Judge is correct in observing that Kudlappa died intestate because of want of testamentary document stated to have been executed by Kudlappa, but in this appeal, the testament of Will has been produced, which is stated to have been executed by the said Kudlappa. Therefore, the observation that Kudlappa died intestate is set aside and the case is remanded to the Court of District Judge wherein P and SC.10/2021 was tried for fresh consideration in accordance with law. Consequently, the order so far as rejecting issuance of letter of administration in respect of movable properties, is hereby set aside and the matter is remanded to the Court of the District Judge for fresh consideration regarding the Will stated to have been executed by Kudlappa. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 50