- 1 - HC-KAR NC: 2025:KHC:51420-DB MFA No. 6565 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6565 OF 2024 (ISA) BETWEEN: 1. SMT. LAKSHMAMMA W/O LATE JAVARAIAH, AGED ABOUT 65 YEARS, R/AT NILAVADI VILLAGE, BETTADPURA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571102. 2. SMT. MANI W/O CHANDRU, D/O LATE JAVARAIAH, AGED ABOUT 50 YEARS, R/AT NO.228/2, HUNDI STREET, HINAKAL, MYSURU DISTRICT-570017. 3. SMT. MANJULA D/O LATE JAVARAIAH, AGED ABOUT 48 YEARS, R/AT NILAVADI VILLAGE, BETTADPURA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571102 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51420-DB MFA No. 6565 of 2024 4. SRI N J SRINIVASAIAH S/O LATE JAVARAIAH, AGED ABOUT 46 YEARS, R/AT NO.24/1, GROUND FLOOR, GOVT. SCHOOL ROAD, HILAKAL, VIJAYANAGAR 2ND STAGE, MYSURU DISTRICT-570017. …APPELLANTS (BY SRI. PUNITH C., ADVOCATE) AND: SRI N. J. RAJU S/O LATE JAVARA, AGED ABOUT 45 YEARS, R/AT NILAVADI VILLAGE, BETTADPURA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571102 …RESPONDENT (BY SRI. BASAVANNA K .M., ADVOCATE) THIS MFA IS FILED UNDER SECTION 299 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DT.14.06.2024 PASSED IN P AND SC NO.26/2022 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR, ALLOWING THE PETITION FILED U/S.276 OF INDIAN SUCCESSION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51420-DB MFA No. 6565 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the order dated 14.06.2024 passed in P & SC No.26/2022 by the VIII Additional District and Sessions Judge, Mysuru, sitting at Hunsur. 2. The application filed by the respondent under Section 276 of the Indian Succession Act, 1925, (hereinafter referred to as 'the Act' for brevity), praying for issuance of probate based on the registered Will dated 18.04.2001, executed by his father in respect of the Suit Schedule Property was allowed by ordering office to issue probate in respect of the Will. The appellants have filed this appeal raising various contentions including initiation of proceedings before the Revenue Authorities. - 4 - HC-KAR NC: 2025:KHC:51420-DB MFA No. 6565 of 2024 3. Taking note of the law laid down in the case of N. Girish Singh Vs. Prem Khatri & Ors. in MFA No.5819/2018 dated 28.04.2020, we are of the view that the appellants have to first invoke the provisions contained in Section 263 of the Act, for revocation/annulment of the probate. 4. In view of the aforesaid position of law, learned counsel for the appellants, at this stage, seeks leave to invoke the aforesaid provision. In view of the specific submission, the appeal is disposed of, granting liberty to the appellants to invoke the provisions of Section 263 of the Act for revocation of probate, granted in favour of the respondent. Six weeks time is granted from the date of receipt of copy of this order to invoke Section 263 of the Act. Further, it is directed that during the pendency of the proceedings, which the appellants intend to initiate, the parties shall maintain status-quo with regard to the property in question including the revenue entries. - 5 - HC-KAR NC: 2025:KHC:51420-DB MFA No. 6565 of 2024 In view of disposal of main appeal, pending application(s), if any, stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 21