Karnataka High Court
Sri. Basavalingaiah M vs Sri. Kubendra Swamy M.S on 30 March, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30 T H DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
MFA NO.2062 OF 2022 (ISA)
BETWEEN:
1. Sri Basavaling aiah .M
S/o Late Murugendraiah .M
Aged about 70 years
R/a No.361/61, Thaayi Mane,
Shakthi Nagar, 1 s t Main
Davanagere-577 008.
2. Sri Shivanandaiah .M
S/o Late Murugendraiah .M
Aged about 63 years
R/a Shivag iri Nilaya
Mantarag atta
Chennagiri Taluk
Ittige Post
Davanagere District-577 221. ...Appellants
(By Sri B.R. Srivatsa, Advocate for
Sri Sand eep S. Patil, Advocate)
AND:
1. Sri Kub endra Swamy M.S
S/o Shivaling aiah
Aged about 43 years
2. Sri Vijayakumar Swamy M.S
S/o Shivaling aiah
Aged about 41 years
:: 2 ::
Both are residing at
Mantaraghatta Villag e
Ittige Post
Channagiri Taluk-577 221. ...Respondents
This MFA is filed und er Section 299 of Indian
Succession Act against the Judgment and decree dated
23.09.2021 p assed in P and SC No.04/2021 on the file
of the II Additional District and Sessions Judge,
Davanagere, allowing the petition filed und er Section
276 of Ind ian Succession Act.
[
This MFA coming on for orders this d ay, the
Court delivered the following:
JUDGMENT
The appellants have sought permission to prosecute the appeal. The impugned order shows that the II Addl. District and Sessions Judge & Special Judge, Davanagere granted probate to the respondent herein. If the appellants are aggrieved by the order of granting probate, they can approach the District Court under section 263 of the Indian Succession Act for revocation of the probate. This appeal is unnecessarily filed. Hence :: 3 ::
it is dismissed. Liberty is granted to the appellants to approach the District Court under section 263 of the Indian Succession Act.
Sd/-
JUDGE sd