- 1 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.8930 OF 2025 (ISA) C/W MISCELLANEOUS FIRST APPEAL NO.6414 OF 2024 (ISA) MISCELLANEOUS FIRST APPEAL NO.6431 OF 2024 (ISA) IN MFA No. 8930/2025 BETWEEN: 1. K BALARAJ S/O LATE KANAKASWAMY, AGED ABOUT 71 YEARS, EARLIER R/AT NO.72,4TH CROSS JAIBHEEMANAJAL, BENGALURU-560065 NOW RESIDING AT NO. 1337, 25TH MAIN, II SECTOR, HSR LAYOUT, BENGALURU 560102 2. SMT. ANNAMMA W/O K. BALARAJ, AGED ABOUT 64 YEARS, R/AT NO.72,4TH CROSS JAIBHEEMANAJAL, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 BENGALURU-560065 NOW RESIDING AT NO. 1337, 25TH MAIN, II SECTOR, HSR LAYOUT, BENGALURU 560102 …APPELLANTS (BY SMT. YUKTHA ANIL, ADVOCATE) AND: 1. SHRI B S VENKATESH S/O M SATYANARAYANA AGE ABOUT 52 YEARS R/A NO.461 21ST CROSS 3RD BLOCK JAYANAGAR BENAGLURU 560011 2. SMT. S. RAJESHWARI, W/O LATE M SATYANARAYANA AGE ABOUT 80 YEARS R/AT NO.1169 26TH MAIN 4TH T BLOCK JAYANAGAR BENGALURU 560041 …RESPONDENTS (BY SRI. M.S.RAJENDRA, ADV. FOR SRI. VIVEK HOLLA, ADV. FOR C/R1; SRI. PRATHEEP K.C., ADV. FOR R2) THIS MFA IS FILED U/S 299 OF THE INDIAN SUCCESSION ACT, 1925, AGAINST THE ORDER DT.12.03.2024 PASSED IN P AND SC.NO. 514/ 2019 ON THE FILE OF III - 3 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-25) BENGALURU, ALLOWING THE PETITION FILED U/S 263 OF INDIAN SUCCESSION ACT, 1925. IN MFA NO. 6414/2024 BETWEEN: SHRI. SUDARSHAN BABU K.G. S/O LATE K GANESH AGED 64 YEARS R/AT NO.67/2 SRI RAMA MANDIR ROAD H B SAMAJA ROAD CROSS BASAVANAGUDI BENGALURU 560004 ...APPELLANT (BY SRI. ASHOK B. PATIL, ADVOCATE) AND: 1. SHRI. B.S. VENKATESH S/O M. SATYANARAYANA AGED ABOUT 52 YEARS R/AT NO.461 21ST CROSS 3RD BLOCK JAYANAGAR BEGNALURU 560011 2. K. BALARAJ S/O LATE KANAKASWAMY - 4 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 AGED ABOUT 71 YEARS 3. SMT. ANNAMMA W/O K BALARAJ AGED ABOUT 64 YEARS BOTH ARE R/AT NO.72 4TH CROSS JAIBHEEMANAGAR BENGALURU 560068 4. SMT. S. RAJESHWARI W/O LATE M SATYANARAYANA AGED ABOUT 80 YEARS R/AT NO.1169 26TH 'A' MAIN 4TH T BLOCK JAYANAGAR BENGALURU 560041 ...RESPONDENTS (BY SRI. M.S.RAJENDRA, ADV. FOR SRI. VIVEK HOLLA, ADV. FOR C/R1; SMT. YUKTHA ANIL, ADV. FOR R2 & R3; SRI. PRATHEEP K.C., ADV. FOR R4) THIS MFA IS FILED U/S 299 OF INDIAN SUCCESSION ACT, 1925, AGAINST THE ORDER DATED 12.03.2024 PASSED IN P AND SC.NO.514/2019 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-25), BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 263 OF INDIAN SUCCESSION ACT. - 5 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 IN MFA NO. 6431/2024 BETWEEN: 1. SMT. NANDA BANU C W/O I SURESH AGED ABOUT 62 YEARS 2. SHRI I SURESH S/O LATE T IYYAPPA REDDY AGED ABOUT 67 YEARS BOTH ARE R/AT "OMKAR" NO.67/1 SRI RAMAMANDIRA ROAD BASAVANAGUDI BENGALURU-560004 ...APPELLANTS (BY SRI. ASHOK B PATIL, ADVOCATE) AND: 1. SHRI B.S. VENKATESH S/O M SATYANARAYANA AGED ABOUT 52 YEARS R/AT NO.461, 21ST CROSS, 3RD BLOCK JAYANAGAR BENGALURU-560011 2. K BALARAJ S/O LATE KANAKASWAMY AGED ABOUT 71 YEARS 3. SMT ANNAMMA W/O K BALARAJ AGED ABOUT 64 YEARS - 6 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 BOTH ARE R/AT NO.72, 4TH CROSS, JAIBHEEMANAGAR BENGALURU-560068 4. SMT S RAJESHWARI W/O LATE M SATYANARAYANA AGED ABOUT 80 YEARS R/AT NO.1169, 26TH A MAIN, 4TH T BLOCK JAYANAGAR BENGALURU-560041 ...RESPONDENTS (BY SRI. M.S.RAJENDRA, ADV. FOR SRI. VIVEK HOLLA, ADV. FOR C/R1; SMT. YUKTHA ANIL, ADV. FOR R2 & R3; SRI. PRATHEEP K.C., ADV. FOR R4) THIS MFA IS FILED UNDER SECTION 299 INDIAN SUCCESSION ACT, 1925, AGAINST THE ORDER DATED 12.03.2024 PASSED IN P AND S.C.NO. 514/2019 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-25), BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 263 OF INDIAN SUCCESSION ACT, 1925. THESE APPEALS, 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 - 7 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) These appeals are preferred against the Order dated 12.03.2024 passed in P & SC No.514/2019 by the III Additional City Civil and Sessions Judge, (CCH-25), Bengaluru, ("the Probate Court" for short) by which, the probate granted in the year 1992 had been revoked. 2. Learned counsel appearing for the appellants contends in these appeals that though citation had been taken and notice was published in newspapers, notice had not actually been taken out to the appellants herein and the appellants could not appear before the Probate Court. 3. It is the specific case of the appellants that the revocation done without putting the legatees on notice and without considering their contentions was not proper. Further, contentions on merits are also raised by learned counsel for the appellants. We had considered these contentions and had requested the learned counsel for the respondents to get specific instructions whether notice had - 8 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 been taken out to the legatees by the Probate Court while considering the application preferred by the respondents. However, it is submitted that though process had been paid to take out notice, notice may not actually had been sent to the legatees in view of Covid-19 restrictions, which were in force at the relevant time. 4. Section 278 of the Indian Succession Act, 1925, ('1925 Act' for short) provides that the application for letters of administration shall state the details of the family or other relatives of the deceased and their respective residences. Section 283(1)(c) provides for issuance of citations calling upon all persons claiming to have any interest in the estate of the deceased to participate in the proceedings. Section 263 provides for revocation or annulment of a grant for just cause. 5. Further, Rule 5(a)(iv) of the Rules Governing Probate and Succession Matters, 1966 provides that, in an application for letters for administration, notice shall be served by the petitioner upon all persons standing in the same degree of relationship as the petitioner, or in a nearer degree, by prepaid registered post to their respective addresses, in - 9 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 addition to publication. The requirement of individual notice underlying the said Rule would apply, mutatis mutandis, where revocation of a subsisting grant of probate is sought. Therefore, mere issuance of a general citation, without individual service of notice upon the legatees, would not be sufficient. 6. We are of the opinion that in view of the contentions raised in these appeals and in view of the fact that the legatees who had been issued with the probate in the year 1992 had not been specifically put on notice, the issue requires reconsideration at the hands of the Probate Court in accordance with law. 7. Accordingly:- (i) Miscellaneous First Appeals are allowed. (ii) The Order dated 12.03.2024 passed in P & SC No.514/2019 by the III Additional City Civil and Sessions Judge, (CCH-25), Bengaluru, is set aside. (iii) The matters are remanded to the Probate Court for consideration on merits after hearing all the parties. - 10 - HC-KAR CNR: KAHC010772022025 NC: 2026:KHC:36141-DB MFA No. 8930 of 2025 C/W MFA No. 6414 of 2024 MFA No. 6431 of 2024 (iv) The contentions of all the parties are left open to be decided by the Probate Court. (v) The Probate Court shall endeavor to consider the matters and pass appropriate orders as expeditiously as possible, taking note of the facts and circumstances of the case. (vi) The parties shall co-operate for an expeditious disposal. The parties who are before this Court shall agree to appear before the Probate Court, without awaiting further notice, on 10.08.2026. All pending interlocutory applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PN List No.: 3 Sl No.: 1