SMT. YELLAMMA P vs SRI M MANJUNATHA,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60538-DB
MFA No. 6554 of 2023
CNR: KAHC010501302023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
MISCELLANEOUS FIRST APPEAL NO. 6554/2023 (ISA)
BETWEEN:
1. SMT. YELLAMMA P
W/O LATE M MUNIKRISHNAPPA
AGED ABOUT 57 YEARS,
2. SMT. M MAMATHA
D/O LATE M MUNIKRISHNAPPA
AGED ABOUT 33 YEARS,
3. SRI. M NATARAJ
S/O LATE M MUNIKRISHNAPPA
AGED ABOUT 31 YEARS,
ALL ARE R/AT NO.335, BABAIAH GUDI STREET,
NEAR BBMP OFFICE, YELAHANKA OLD TOWN,
YELAHANKA, BENGALURU-560 064.
…APPELLANTS
(BY SMT. S SUSHEELA, SENIOR COUNSEL FOR
SRI. SOMANTHA H, ADVOCATE)
AND:
SRI. M MANJUNATHA,
S/O LATE M MUNIYAPPA
AGED ABOUT 53 YEARS,
R/AT MELURU VILLAGE, JANGAM KOTE HOBLI,
SHDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT-562 102.
…RESPONDENT
(BY SRI. DEVARAJA B, ADVOCATE FOR C/R
IN CP NO.13387/23)
Digitally signed
by MALA K N
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:60538-DB
MFA No. 6554 of 2023
CNR: KAHC010501302023
THIS MFA FILED UNDER SECTION 299 INDIAN
SUCCESSION ACT, 1925 AGAINST THE ORDER DATED
13.07.2022 PASSED IN P AND S.C.NO. 22/2022 ON THE FILE
OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHIKKABALLAPURA, ALLOWING THIS APPEAL.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
AND
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN)
The present appeal is directed against the order dated
13.07.2022 passed by the Principal District and Sessions Judge,
Trial Court
Chikkaballapura, in P & SC No.22/2022 (" " for
brevity) whereby the petition filed by the petitioner under
Section 276 of the Indian Succession Act, 1925 was allowed
and Probate was ordered to be issued in respect of Will dated
23.08.2017 executed by one Munikrishnappa.
(i) Facts in P & SC No.22/2022:
2. The respondent/M.Manjunatha is the brother of late
M. Munikrishnappa, who was the husband of appellant No.1 and
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HC-KAR
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MFA No. 6554 of 2023
CNR: KAHC010501302023
father of appellant Nos.2 and 3. Their parents were late M.
Muniyappa and late M. Muniyamma, who had five sons and two
daughters. Late M. Munikrishnappa, who had worked as an
Assistant Manager in the State Bank of Mysore and voluntarily
retired from service on 14.10.2010, purchased two agricultural
properties situated at Ragimakalahalli Village, Jangamakote
Hobli, Shidlaghatta Taluk, under two registered sale deeds
dated 07.12.2012, namely, Sy.No.27/7 (old Sy.No.27/1),
measuring 15.04 guntas, and Sy.No.27/8 (old Sy.No.27/6),
measuring 6.12 guntas. The said lands were converted for non-
agricultural residential purposes under the Deputy
Commissioner’s order dated 27.04.2016, and a three-storeyed
RCC building measuring 33 feet x 37 feet was also constructed
thereon. According to the respondent, late M. Munikrishnappa
executed a Will dated 23.08.2017, bequeathing the aforesaid
properties in his favour. On that basis, he instituted P & SC
No.22/2022 under Section 276 of the Indian Succession Act,
1925, seeking grant of probate. He claimed that the Will had
been executed in the presence of two attesting witnesses,
R.Naveen and C. Surya Prakash, and that the testator was in a
sound state of mind at the time of its execution. He also relied
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MFA No. 6554 of 2023
CNR: KAHC010501302023
upon the sale deeds, revenue records, conversion order, death
certificate and genealogy certificate to establish the testator’s
title and his own relationship with the deceased. Notice of the
proceedings was published in the Kannada daily Hosadigantha
on 17.03.2022. The respondent proceeded with the petition on
the ground that no person had appeared to contest the
proceedings.
(ii) Order passed in P & SC No.22/2022:
3. The learned Principal District and Sessions Judge,
Chikkaballapura, by order dated 13.07.2022, allowed P & SC
No.22/2022 and directed issuance of probate in respect of the
Will dated 23.08.2017. The Court relied upon the evidence of
the respondent, who was examined as PW.1, the two attesting
witnesses examined as PW.2 and PW.3, and the scribe
examined as PW.4. It also took note of the original Will marked
as Ex.P.1, the sale deeds marked as Ex.P.2 and Ex.P.3, the
death certificate, genealogy certificate, conversion order, RTC
extracts and mutation records marked in evidence. The Court
accepted the testimony of the attesting witnesses regarding
execution of the Will and the identification of the testator’s
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signatures and held that the respondent had established the
Will in accordance with law. Taking into consideration that
notice had been published and no objections had been
received, the learned Judge concluded that there was no
impediment to grant probate and accordingly directed the office
to issue probate after collection of the requisite fee.
(iii) Grounds of appeal:
4. Aggrieved by the aforesaid order, appellant Nos.1
to 3, being the wife, daughter and son of late M.
Munikrishnappa, have preferred the present appeal contending
that the probate proceedings were conducted without
impleading them, though the respondent was fully aware of
their relationship with the deceased and their status as his legal
representatives. They contend that the respondent himself
produced the genealogy certificate, marked as Ex.P.5, which
disclosed their relationship with the testator, yet no notice was
issued to them and the proceedings were concluded solely on
the basis of a newspaper publication. The appellants further
question the manner in which the Will dated 23.08.2017 was
accepted, pointing out that it excludes the natural heirs, is an
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unregistered document, and was required to be scrutinised with
greater care in the circumstances pleaded by them. They also
contend that the Will purportedly bequeaths not only the
properties purchased by the deceased but also his alleged
share in O.S.No.444/2008, though the deceased had no
absolute title to such share. It is their further case that the
respondent filed the probate petition only on 10.03.2022, more
than four years after the death of the testator on 09.12.2017,
without explaining the delay. Relying upon the subsequent
conduct of the parties in O.S. No.444/2008 and the appellants’
assertion that they were brought on record as legal
representatives of the deceased, they contend that the probate
Court failed to consider material circumstances and did not
afford the persons directly interested in the estate an
opportunity to contest the Will. On these grounds, they seek
setting aside of the order granting probate.
5. We have heard Smt.S.Susheela, learned Senior
Counsel on behalf of the appellants and Sri.Devaraja B.,
learned counsel for the respondent. Upon consideration of the
pleadings, the records placed before this Court and the
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MFA No. 6554 of 2023
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submissions advanced on behalf of the parties, the following
point arises for our consideration:
Whether the appellants have made out any ground
warranting interference with the order dated
13.07.2022 passed in P & SC No.22/2022 by the
learned Trial Court?
(iv) REASONS AND CONCLUSION:
6. For the foregoing reasons, it is evident that the
present appellants, though being the wife and children of the
deceased and persons directly interested in the estate, were
not arrayed as parties in the proceedings in P & SC
No.22/2022. Since the probate proceedings were concluded
without impleading them or affording them an opportunity to
place their objections on record, they have been constrained to
prefer the present appeal challenging the order granting
probate. Hence, the matter requires to be remanded back to
the Trial Court for fresh consideration.
Accordingly, we pass the following;
ORDER
(i) The appeal is allowed.
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MFA No. 6554 of 2023
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(ii) The order dated 13.07.2022 passed by the learned
Principal District and Sessions Judge, Chikkaballapura, in P &
SC No.22/2022, is hereby set aside.
(iii) The matter is remitted back to the learned Principal
District and Sessions Judge, Chikkaballapura, for fresh
consideration in accordance with law, after affording the
appellants an opportunity to file their objections and permitting
all parties to participate in the proceedings.
(iv) The parties are directed to appear before the learned
Principal District and Sessions Judge, Chikkaballapura,
on 12.11.2026 , without awaiting further notice.
(v) The learned Trial Court shall thereafter proceed with
the matter and dispose of the same in accordance with law,
after affording reasonable opportunity of hearing to all parties.
(vi) It is made clear that this Court has not expressed
any opinion on the merits of the rival claims or the genuineness
and validity of the Will dated 23.08.2017. The learned Trial
Court shall independently adjudicate the matter on its merits,
on the basis of the pleadings and evidence placed before it,
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MFA No. 6554 of 2023
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without being influenced by any observations made in this
judgment.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(H.SHANTHI BHUSHAN)
JUDGE
KNM/
List No.: 1 Sl No.: 28