Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:1756-DB MFA No. 4821 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4821 OF 2017 (ISA) BETWEEN:
1.
SMT S BHARATHI W/O. LATE. Y G VENKATARAJU, AGED ABOUT 45 YEARS, SINCE DEAD AND HIS LR IS ALREADY ON RECORD AS APPELLANT NO.1
2.
Y V CHARAN S/O. LATE. Y G VENKATARAJU, AGED ABOUT 25 YEARS, R/AT SANTHE BEEDHI, JAJU BUILDING, JAKKUR ROAD, GOVINDAPPA GARDAN, YELAHANKA, BANGALORE -560 064 …APPELLANTS (BY SRI UMESH B N, ADVOCATE) AND:
1.
Y S KESHAVA AGED ABOUT 33 YEARS, SINCE DEAD BY LRS
1(a) SMT.PAVITHRA.H AGED ABOUT 38 YEARS W/O KESHAVA Y.S
1(b) MIS.AMRUTHA GOWDA.K
Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:1756-DB MFA No. 4821 of 2017
AGED ABOUT 17 YEARS D/O KESHAVA Y.S.,
1(c) ARJUN GOWDA.Y.K AGED ABOUT 17 YEARS S/O KESHAVA Y.S.,
ALL ARE R/AT #275, GOVINDAPPA GARDEN RAITHARA SANTHE ROAD NEAR KHB COLONY YELAHANKA BANGALORE - 560 064
1(d) SRI Y.G.SURESH AGED ABOUT 63 YEARS S/O LATE Y.V.GOVINDAPPA R/AT #275, GOVINDAPPA GARDEN RAITHARA SANTHE ROAD NEAR KHB COLONY YELAHANKA, BANGALORE - 560 064 …RESPONDENTS
(BY SMT.AISHWARYA FOR SRI SHIVAKUMAR, ADVOCATE FOR R1(B, C AND D);
R1(A) -SERVED)
THIS MFA IS FILED UNDER SECTION 299 OF THE INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 31.07.2015 PASSED ON P&SC NO.96/2014 ON THE FILE OF THE 1ST ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH NO.2), ALLOWING THE PETITION FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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HC-KAR NC: 2026:KHC:1756-DB MFA No. 4821 of 2017
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Learned counsel for the appellants submits that in view of the law laid down by this Court in the case of N. GIRISH SINGH V. PREM KHATRI AND ORS reported in AIR Online 2020 Kar 1558, he may be permitted to move the same Court seeking for appropriate relief.
2. In view of the said submission, the appeal is
disposed of granting liberty to approach the same Court for seeking revocation of the grant of probate in accordance with law.
3. The Trial Court shall consider such application on merits and in accordance with law. Time spent in this proceeding would enure to the benefit of the appellants in seeking condonation of delay. The interim order granted by this Court is continued till the Trial Court considers his prayer for interim relief.
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HC-KAR NC: 2026:KHC:1756-DB MFA No. 4821 of 2017
4. Registry is directed to return the certified copies filed along with the appeal on substituting it with Xerox copies.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
RAK List No.: 1 Sl No.: 22