- 1 - NC: 2025:KHC-D:1476 MFA No. 101923 of 2021 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101923 OF 2021 (ISA) BETWEEN: 1. ASHOK ADOPTED S/O. CHANNABASAPPA BULLA @ MENASINKAI, SINCE DECEASED BY HIS LR’S SMT. SHASHIKALA W/O. ASHOK BULLA @ MENASINKAI, AGE. 59 YEARS, OCC. HOUSEHOLD, R/O. NO.191, 'AKSHAYA NILAYA', 1ST BLOCK, NAGARBHAVI, NEAR NOBLE HIGH SCHOOL, BENGALURU-560072. 2. SOMANATH S/O. ASHOK BULLA @ MENASINKAI, AGE. 36 YEARS, OCC. SERVICE, R/O.NO.191, 'AKSHAYA NILAYA', 1ST BLOCK, NAGARBHAVI, NEAR NOBLE HIGH SCHOOL, BENGALURU-560072. 3. MALLINATH S/O. ASHOK BULLA @ MENASINAKAI, AGE. 35 YEARS, OCC. SERVICE, R/O. NO.191, 'AKSHAYA NILAYA', 1ST BLOCK, NAGARBHAVI, NEAR NOBLE HIGH SCHOOL, BENGALURU-560072. …APPELLANTS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1476 MFA No. 101923 of 2021 (BY SRI RAVI S.BALIKAI, ADVOCATE) AND: SMT. VANITA W/O. MOHAN MENASINKAI, AGE. 55 YEARS, OCC. HOUSE HOLD WORK, R/O. HOUSE NO.630, 8TH MAIN, 5TH CROSS, NEAR HAMPINAGAR BUS-STAND, VIJAYANAGAR, 2ND STAGE, BENGALURU, NOW AT: TALAKAL VILLAGE, TAL. YALABURGA-583236, DIST. KOPPAL. …RESPONDENT (BY SRI VENKATESH M.KHARVI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 299 AND 384 OF THE INDIAN SUCCESSIONS ACT, 1925, PLEASED TO SET ASIDE THE ORDER DATED 21.09.2020, PASSED IN P AND SC NO.01/2017, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, THEREBY ISSUING PROBATE IN FAVOUR OF THE RESPONDENT, AND DISMISS THE PETITION FOR PROBATE FILED BY THE RESPONDENT AND THIS APPEAL BE ALLOWED WITH COSTS, IN INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1476 MFA No. 101923 of 2021 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The above appeal is filed by the appellants questioning the order passed in P & SC No.1/2017 dated 21.09.2020 by the Court of Principal District and Sessions Judge, Koppal, thereby the District Court has ordered issuance of Probate Certificate in respect of Will dated 06.07.2012. 2. In the above said P & SC No.1/2017 there were no respondents. The appellants herein are reserved liberty to approach the District Court and file necessary applications for Revocation of Probate under Section 276 of the Indian Succession Act, 1925. Therefore by reserving such liberty, the appeal stands disposed off. 3. Four weeks time is granted to the appellants to prefer application for revocation of order from today. 4. There shall be an interim order of stay of operation and execution of the order passed in P & SC No.1/2017 dated 21.09.2020 by the Court of Principal District and Sessions Judge, Koppal, till consideration of application to be filed for - 4 - NC: 2025:KHC-D:1476 MFA No. 101923 of 2021 revocation of the probate issued in favour of the respondent before the District Court. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 31