Banadasappa Siddappa vs Smt. Rathnamma
2022 Latest Caselaw 5491 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25 T H DAY OF MARCH, 2022

                           BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

             MFA NO.2662 OF 2022 (ISA)

BETWEEN:

Banad asapp a Siddappa
S/o Late Chikkap pa
Aged about 72 years
R/o Kunebelakere-577 601
Harihara Taluk
Davangere Taluk and District
                                                 ...App ellant
(By Sri N.K.Sidd eswara, Advocate)

AND:

1.   Smt. Rathnamma
     W/o Lokapp a
     Aged about 39 years

2.   Smt. Jayyamma
     W/o Shekharapp a
     Aged about 37 years

Both are R/o Kunebelakere
Villag e, Harihara Taluk,
Davanagere District-577 601
                                              ...Respondents

     This MFA is filed under Section 299 of the Indian
Succession   Act,   ag ainst   the    Judgment   and   award
dated 16.12.2021 passed in P and SC No.26/2021 on
the file of the     II   Additional   District and   Sessions
                                  :: 2 ::


Judge,      Sp ecial   Judge,      Davanag ere,           allowing       the
petition filed under Section 276 of Indian Succession
Act.

       This MFA coming on for orders this d ay, the
Court delivered the following:

                            JUDGMENT

Heard Sri Siddeswara N K, counsel for the

appellant.

2. This appeal is filed challenging the

judgment passed in P and S.C.No.26/2021 on the

file of the II Additional District and Sessions Judge

and Special Judge, Davanagere.

3. The appellant was not a party in the P

and S.C. proceedings. His grievance is that he

was not notified in the P and S.C. proceedings and

it was an exparte judgment. Probate has been

granted in favour of the respondent. If the

appellant is an interested party, he can approach

the District Court by making a petition under

Section 263 of the Indian Succession Act. This :: 3 ::

appeal is unnecessarily filed. Therefore appeal is

dismissed giving liberty to the appellant to file a

petition under Section 263 of the Indian

Succession Act.

Sd/-

JUDGE

Kmv/-