Sri. Basavalingaiah M vs Sri. Kubendra Swamy M.S
2022 Latest Caselaw 5768 Kant

 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