- 1 - HC-KAR NC: 2026:KHC:784 PROB.CP No. 5 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI PROBATE CIVIL PETITION NO. 5 OF 2017 BETWEEN: P.N. MALHOTRA ALSO KNOWN AS PREM NATH MALHOTRA, HINDU, AGED 92 YEARS, S/O LATE MR. RAM SAHAI MALHOTRA, RESIDENT OF UNITS 45 AND 46, IV FLOOR, "SHALIMAR APARTMENTS", NO. 4, C.J. D'SOUZA ROAD, BANGALORE. …PETITIONER (BY SMT. ANN MARY GREEN, ADVOCATE AND SRI. PATTU M. GOPAL, ADVOCATE) AND: NIL …RESPONDENT THIS PROB.CP IS FILED UNDER PART IX (SECTIONS 270, 273 AND 276) OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO THAT HE MAY BE ALLOWED TO PROVE THE AFORESAID WILL DATED 11TH NOVEMBER 2010 IN COMMON FORM AND THAT PROBATE THEREOF, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE GRANTED TO HIM; AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:784 PROB.CP No. 5 of 2017 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER It is seen that matter was disposed of on 01.09.2017 granting probate and directing petitioner to file Inventories within six months. 2. Thereafter, matter has been listed on umpteen number of times, wherein extension to do needful was granted. As per order dated 10.02.2022, notice was also issued to counsel for petitioner about failure to provide list of inventories and accounts and served on 23.02.2022. Thereafter, matter is being adjourned at request of counsel. It is further seen that on 04.12.2025 time was granted on payment of costs. But, to no avail. Said conduct would fall within ambit of Section 263 (e) of Indian Succession Act, 1925, and leaving no other option than to revoke order granting Probate. Hon'ble Supreme Court in case of Anil Behari Ghosh v. Latika Bala Dassi, reported in (1955) 1 SCC 638 has held: "31. … … In certain circumstances omission to submit accounts may bring the case within the purview of clause (e) aforesaid because the circumstances may tend to show that the omission was wilful and without reasonable cause. … …" - 3 - HC-KAR NC: 2026:KHC:784 PROB.CP No. 5 of 2017 3. In view of above, order dated 01.09.2017 granting Probate is recalled and petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 1