- 1 - HC-KAR NC: 2026:KHC:30533-DB MFA No. 6306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.6306 OF 2025 (ISA) BETWEEN: SRI SUNIL M. PAI S/O. LATE MANJUNATH PAI P. AGED ABOUT 52 YEARS RESIDING AT NO.25/106 "SHUBHAM", 11TH B CROSS 11TH MAIN, MALLESWARAM BENGALURU-560 003. …APPELLANT (BY SMT. PARINA LALLA AND SMT. RAKSHITHA SHETTY, ADVOCATES, FOR SRI NARENDRA DEV H.N.) AND: SMT. NIRMALA M. PAI W/O. LATE MANJUNATH PAI P. AGED ABOUT 77 YEARS RESIDING AT NO.25/106 "SHUBHAM", 11TH B CROSS 11TH MAIN, MALLESWARAM BENGALURU-560 003. …RESPONDENT (BY SRI K.B. NAVEEN KUMAR, ADVOCATE) * * * Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30533-DB MFA No. 6306 of 2025 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 384 OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO SET ASIDE THE ORDER DATED 7-3-2025 PASSED BY THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN P&SC NO.658 OF 2024 (ANNEXURE-A) AND CONSEQUENTLY, REVOKE THE SUCCESSION CERTIFICATE GRANTED IN P&SC NO.658 OF 2024. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed seeking the following reliefs: "a) Set aside the order dated March 07, 2025, passed by the XV Additional City Civil and Sessions Judge, Bengaluru, in P&SC No.658/2024 (Annexure-A) and, consequently revoke the Succession Certificate granted in P&SC No.658/2024; b) Award costs of the proceedings". 2. We have heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondent. - 3 - HC-KAR NC: 2026:KHC:30533-DB MFA No. 6306 of 2025 3. Learned counsel appearing for the appellant submits that the appellant is the son of the testator of a Will dated 24.04.2003. It is submitted that without making the appellant or his siblings as parties, the Probate and Succession Certificate case has been filed before the XV Additional City Civil and Sessions Judge, Bengaluru, and an order has been obtained. It is submitted that passing of the order without making the members of the family as parties would clearly vitiate the proceedings. Relying on Section 372(1)(C) of the Indian Succession Act, 1925, it is contended that the said details are absent in the petition. Further, it is contended that the Succession Certificate could not have been issued in respect of immovable properties. 4. Learned counsel appearing for the respondent contends that notice of the proceedings have been duly taken out and that, the respondent is an eighty year old lady and in case the notice to the appellant is found - 4 - HC-KAR NC: 2026:KHC:30533-DB MFA No. 6306 of 2025 necessary, the matter may be remanded to the Court for consideration on merits in a time bound manner. 5. Having considered the contentions advanced, we are of the opinion that the appeal is liable to succeed. Accordingly:- i. The appeal is allowed. ii. The order dated 07.03.2025 in P&SC No.658/2024 passed by the XV Additional City Civil and Sessions Judge, Bengaluru, is set aside. iii. The matter is remanded to the trial Court for consideration on merits, after taking appropriate steps. iv. The trial Court shall dispose of the matter, without undue delay, preferably within six months from the date of receipt of a certified copy of this judgment. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK / List No.: 3 Sl No.: 3