Sri. T Anand vs Nil
2022 Latest Caselaw 5578 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF MARCH 2022

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

      THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

               M.F.A. No.3930 OF 2021 (ISA)

BETWEEN:

SRI. T. ANAND
S/O LATE THIMMEGOWDA
AGED ABOUT 55 YEARS
R/AT. HUSKURU VILLAGE
DODDABELAVANGALA HOBLI
DODDABALLAPURA TALUK
BENGALURU RURAL-561204.
                                              ... APPELLANT
(BY MR. SANJAY KRISHNA V, ADV.,)

AND:

NIL

                                        ... RESPONDENT
                           ---

      THIS M.F.A. IS FILED U/S 299 OF INDIAN SUCCESSION
ACT, 1925 AGAINST THE ORDER DATED 24.03.2021 PASSED IN P
AND SC NO.10058/2020 ON THE FILE OF THE IV ADDITIONAL
DISTRICT JUDGE AND SESSIONS JUDGE, DODDABALLAPURA,
DISMISSING THE PETITION FILED U/S.276 OF INDIAN
SUCCESSION ACT.
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     THIS M.F..A. COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                          JUDGMENT

This appeal has been filed under Section 299 of the

Indian Succession Act, 1925 (hereinafter referred to as 'the

Act' for short) being aggrieved by the order dated

24.03.2021 by which petition filed by the petitioner under

Section 276 of the Act seeking probate in respect of a Will

dated 02.11.2019 executed by one Late Dalamma in favour

of the appellant in respect of the subject matter of this

appeal has been dismissed.

2. At the outset, learned counsel for the appellant is

ready and willing to adduced evidence in support of the

aforesaid petition on such terms and conditions as may be

prescribed by this court.

3. In view of the aforesaid submission and with a view

to offer an opportunity of fair trial to the appellant, the

impugned order dated 24.03.2021 rejecting the petition filed

by the appellant under Section 276 of the Act on the ground

that the appellant has failed to adduce any evidence with

regard to the bequest of the property in question made by

the propounder of the will, is hereby set aside. The appellant

undertakes to keep his witnesses present before the trial

court on 13.06.2022. The trial court thereupon shall permit

the appellant to adduce evidence and shall proceed to decide

the claim of the appellant under Section 276 of the Act

expeditiously and in accordance with law.

The records of the trial court be transmitted forthwith.

Sd/-

JUDGE

Sd/-

JUDGE

SS