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2026 DAILYLAW 17606 (KAR)

SRI. M.A. SELVANARAYANA v. SRI. H.V. GOWTHAMA

PROB.CP/9/2004 · 2026-02-06

G Basavaraja

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7228 PROB.CP No. 9 of 2004 C/W PROB.CP No. 16 of 2003 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA PROBATE CIVIL PETITION NO. 9 OF 2004 C/W PROBATE CIVIL PETITION NO. 16 OF 2003 IN PROB.CP No. 9/2004 BETWEEN: SRI. M.A. SELVANARAYANA S/O. SRI. M.A. RAJAGOPALAN, AGED ABOUT 51 YEARS R/AT.NO.17, 5TH CROSS, SWIMMING POOL EXTENSION, MALLESWARAM, BANGALORE - 03. …PETITIONER (BY SRI. K.S. MAHADEVAN, ADVOCATE) AND: 1. SRI. H.V. GOWTHAMA S/O SRI. M.V. CHALAM AGED ABOUT 55 YEARS, NO.23/57, EAST END "C" MAIN, 41ST CROSS, 9TH BLOCK, JAYANAGAR, BANGALORE - 560 069. 2. SMT. M.A. VEDAVALLI W/O. SRI. M.A.PARTHASARATHY & (D/O.LATE M.A. KRISHNAMACHARI) AGED ABOUT 70 YEARS "SRINIVASAM", NO.20, 9TH CROSS, MALLESWARAM, BANGALORE - 560 003. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7228 PROB.CP No. 9 of 2004 C/W PROB.CP No. 16 of 2003 3. SRI. M.A. LAKSHMITATACHAR AGED 66 YEARS, S/O.LATE ALWAR TIRUMALAI IYENGAR, RAJA STREET, MELKOTE MANDYA DISTRICT. 4. SRI. M.A. SREENIVASAN S/O SRI. M.A. PARTHASARATHY NO.1, 12TH CROSS, R.M.V EXTENSION, BANGALORE - 80. 5. SMT. USHASREE W/O SRI. M.A. SELVABNARAYANA R/AT.NO.17, 5TH CROSS, SWIMMING POOL EXTENSION, MALLESWARAM, BANGALORE - 03. 6. THE ACADEMY OF SANSKRIT RESEARCH MELKOTE, PANDAVAPURA TALUK MANDYA DISTRICT, KARNATAKA BY ITS DIRECTOR. 7. SRI. NARAYANASWAMY TEMPLE MELKOTE, PANDAVAPURA TALUK, MANDYA DISTRICT, KARNATAKA, BY ITS EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. PRADYUMNA L. NARASIMHA, ADVOCATE FOR M/S. CREST LAW PARTNER FOR R1; SRI. B.S SUBRAMANYAM, ADVOCATE FOR R4; SRI. S.V. ANGADI, ADVOCATE FOR R5; SRI. K. SRINIVAS, ADVOCATE FOR R6; SMT. N. ANITHA GIRISH, HCGP FOR R7 V/O DTD 15.12.2025 PETITION STANDS ABATED AS AGAINST R2; V/O DTD 06.12.2025 PETITION STANDS ABATED AS AGAINST R3) THIS PROB.CP IS FILED UNDER SECTIONS 270, 278 & 300 READ WITH SECTION 345 OF THE INDIAN SUCCESSION - 3 - HC-KAR NC: 2026:KHC:7228 PROB.CP No. 9 of 2004 C/W PROB.CP No. 16 of 2003 ACT, 1925 PRAYING TO GRANT THE LETTERS OF ADMINISTRATION WITH THE COPY OF BOTH THE WILLS DATED 08.02.1989 TO THE PROPERTIES AND CREDITS OF THE DECEASED MR. M.A. KRISHNAMACHARI TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE GRANTED TO HIM AND ETC. IN PROB.CP NO. 16/2003 BETWEEN: SRI. M.A. SELVANARAYANA S/O SRI. M.A. RAJAGOPALAN AGED ABOUT 50 YEARS, R/AT.NO.17, 5TH CROSS, SWIMMING POOL EXTENSION, MALLESWARAM, BANGALORE - 560 003. ...PETITIONER (BY SRI. K.S. MAHADEVAN, ADVOCATE) AND: 1. SRI. H.V. GOWTHAMA S/O M.V. CHALAM AGED ABOUT 54 YEARS, NO.23/57, EAST END "C" MAIN, 41ST CROSS, 9TH BLOCK, JAYANAGAR, BANGALORE -560 069. 2. SMT. M.A. VEDAVALLI W/O SRI. M.A. PARTHASARATHY & (D/O.LATE M.A. KRISHNAMACHARI) AGED ABOUT 69 YEARS, "SRINIVASAM", NO.20, 9TH CROSS, MALLESWARAM, BANGALORE - 560 003. 3. SRI. M.A. LAKSHMITATACHAR AGED 65 YEARS, S/O.LATE ALWAR TIRUMALAI IYENGAR, RAJA STREET, - 4 - HC-KAR NC: 2026:KHC:7228 PROB.CP No. 9 of 2004 C/W PROB.CP No. 16 of 2003 MELKOTE, MANDYA DISTRICT. ...RESPONDENTS (BY SRI. PRADYUMNA L. NARASIMHA, ADVOCATE FOR M/S. CREST LAW PARTNER FOR R1; PETITION AGAINST R2 STANDS ABATED VIDE ORDER DATED 15.12.2025, PETITION AGAINST R3 STAND ABATED VIDE ORDER DATED 06.12.2025) THIS PROB.CP IS FILED UNDER SECTION 263 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO A) REVOKE/ANNUL THE GRANT OF PROBATE MADE IN FAVOUR OF THE 1ST RESPONDENT, ON 15.3.1992, IN PROBATE C.P.NO.1 OF 1992 ON THE FILE OF THIS HON'BLE COURT, FOR JUST CAUSE STATED IN THE PETITION AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER Case called out. There is no representation made on behalf of the petitioner. 2. Learned counsel for respondent No.7 is present. 3. This Court has passed the order on 21.01.2026 to carryout necessary amendment in the cause title and list the matter today i.e., on 06.02.2026. The learned counsel for the legal representatives of the petitioner has not complied the - 5 - HC-KAR NC: 2026:KHC:7228 PROB.CP No. 9 of 2004 C/W PROB.CP No. 16 of 2003 order of this Court dated 21.01.2026 and has no interest in prosecuting the case. Hence, I proceed to pas the following: ORDER Petition is dismissed for default and for non- prosecution. Sd/- (G BASAVARAJA) JUDGE GPG List No.: 1 Sl No.: 22