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2026 DAILYLAW 21586 (KAR)

SMT MEERA PATANKAR v. MR A ARUMUGHAM

PROB.CP/4/2021 · 2026-06-12

Ravi V Hosmani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28701 PROB.CP No. 4 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI PROBATE CIVIL PETITION NO. 4 OF 2021 BETWEEN: 1. SMT MEERA PATANKAR W/O LATE MR. UDHAV DWARKANATH PATANKAR AGED ABOUT 65 YEARS R/A NO.14902, PRESTON ROAD NO.404-919, DALLAS, TEXAS-75254, USA 2. MRS YAMUNA PATANKAR D/O LATE MR UDHAV DWARKANATH PATANKAR AGED ABOUT 31 YEARS R/A NO.15-492 LIMU STREET, PAHOA HAWAI-96778, USA PETITIONERS ARE REP BY MR AJIT KUMAR S/O LATE EGS MARAR AGED 70 YEARS R/A NO.403, RUBY LUMBINI ROCKDALE APARTMENTS SOMAJIGUDA HYDERABAD-500 082. …PETITIONERS [BY SRI S. BASAVARAJ, ADVOCATE (AB)] AND: 1. MR A ARUMUGHAM S/O LATE MR. D ARUNACHALAM AGED ABOUT 77 YEARS Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28701 PROB.CP No. 4 of 2021 SENIOR PARTNER ARU AND DEV CHARTERED ACCOUNTANTS UNIT NO.315, RAHEJA CHAMBERS 12, MUSEUM ROAD BENGALURU-560 001. 2. MRS.BINDU NARENDRA NEE PATANKAR W/O MR NARENDRA AGED ABOUT 72 YEARS NO.66, KANAKAPURA ROAD BASAVANAGUDI BENGALURU - 560 004. 3. DR. JYOTHI JAYAPRAKASH REDDY NEE PATANKAR W/O DR JAYA PRAKASH REDDY AGED ABOUT 73 YEARS R/A 7643, SEATLE DRIVE LA MESA, CA-91941 UNITED STATES OF AMERICA. …RESPONDENTS [BY SRI BALAJI C.N., ADVOCATE FOR SRI A. CHITTAPPA, ADVOCATE FOR R1 & R2; R3-SERVICE OF NOTICE D/W V/O DTD.11.02.2022] THIS PETITION IS FILED SECTION 301 OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ORDER FOR REMOVING RESPONDENTS 1 & 2 AS EXECUTORS OF THE WILL DATED 05.04.2019 EXECUTED BY THE HUSBAND OF THE PETITIONER NO.1 AND FATHER OF PETITIONER NO.2 I.E., LATE MR. UDHAV DWARAKANATH PATNAKAR AND APPOINT A RESPONSIBLE PERSON/PERSONS AS EXECUTOR OF THE SAID WILL AND ETC., THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2026:KHC:28701 PROB.CP No. 4 of 2021 ORAL ORDER None appears for petitioners even today. 2. On previous date, following submission was made: "Counsel for respondents no.1 and 2 submits that Annexure - A, P & SC no.180/2020 is filed by them before City Civil Court at Bengaluru for issuance of letter of administration on basis of Will dated 05.04.2019 executed by Udhav D Patankar, the deceased. Petitioners in said petition are respondents no.1 and 2. Even before appointment of respondents no.1 and 2 as administrators in said petition, petitioners have filed this petition for orders for removal of respondents no.1 and 2 as executors of will. In that light, petition would not be tenable." 3. Matter was adjourned to enable learned counsel for petitioner to respond to said submission and there was no representation for petitioners. In absence of controversion, submission is deemed unopposed. 4. Petition is filed with following prayer: "The petitioners pray for orders removing Respondents 1 and 2 as executors of the WILL dated 05.04.2019 executed by the husband of the petitioner 1 and father of petitioner 2 i.e., Late Mr. Udhav Dwarakanath Patnakar and appoint as responsible person/persons as executor of the said will in the interests of justice and equity." - 4 - HC-KAR NC: 2026:KHC:28701 PROB.CP No. 4 of 2021 5. Learned counsel for respondents submits that P & SC no.180/2020 (later converted as TOS no.909/2023) filed by them before City Civil Court, Bengaluru, was still pending. Thus, letter of administration in respect of Will dated 05.04.2019 executed by Sri Udhav D.Patankar, is yet to be issued. So prayer sought herein would be premature. 6. Noting said submission, petition is dismissed as filed without proper cause of action. In view of dismissal of petition, pending applications, if any, also stand disposed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 55