Karnataka High Court
Shri.Vikramsing S/O Subhash Patil vs Smt.Susheela W/O Vasant @ Vasantarao ... on 18 August, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2025:KHC-D:10360-DB
MFA No. 104474 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.104474 OF 2018 (ISA)
BETWEEN:
SHRI VIKRAMSING
S/O SUBHASH PATIL,
AGE. 33 YEARS, OCC. AGRIL.,
R/O. MANGASULI,
NOW AT SUBHAS BUILDING,
RADHAKRISHNA COLONY, KANNA BHAG,
SANGLI, DIST: SANGLI-416416.
...APPELLANT
(BY SRI. S. SHREEVATSA, SENIOR COUNSEL FOR
SRI. SHIVARAJ S. BALLOLI, ADVOCATE)
AND:
Digitally signed
1. SMT. SUSHEELA
by VINAYAKA B V
Location: High
Court of
W/O VASANT @ VASANTARAO PATIL
Karnataka,
Dharwad Bench AGE: MAJOR, OCC: AGRIL.,
R/O: BKAORGAON (BAHE), TAL: WALWA,
DIST: SANGLI-416416.
STATE MAHARASHTRA.
2. SHRI ASHOK
S/O VISHWASRAO PATIL
AGE: 65 YEARS, OCC: AGRIL.,
R/O: MANGASULI, TAL: ATHANI,
DIST: BELAGAVI-590001.
3. SMT. SHANTA
W/O JAYASINGRAO PATIL
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NC: 2025:KHC-D:10360-DB
MFA No. 104474 of 2018
HC-KAR
AGE: MAJOR, OCC: H/W,
R/O. NAGAV KAWATHE,
TAL: TASAGAON-416416,
DIST: SANGLI, STATE MAHARASHTRA.
SINCE DECEASED R/BY HER LRS
3.A SHRI UDAY
S/O. JAYSINGH PATIL,
AGE. 51 YEARS, OCC. AGRICULTURE,
3.B SMT. MANSI
W/O NARENDRA JAGADALE
AGE. 49 YEARS, OCC. HOUSEHOLD WORK,
BOTH ARE R/O. NAGAON,
POST. KAWATHE EKHAND,
TAL: TESAGAON, DIST: SANGLI-416312.
...RESPONDENTS
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR
SRI. CHETAN MUNNOLI, ADVOCATE FOR R2;
SRI. ANAND R. KOLLI, ADVOCATE FOR R3(A) AND R3(B);
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 299 AND 384 OF
INDIAN SUCCESSION ACT, PRAYING TO SET ASIDE THE
ORDER DATED 30.10.2018 PASSED IN P & SC NO.14/2017 ON
THE FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE
BELAGAVI SITTING AT CHIKODI BY ALLOWING THE APPEAL TO
MEET THE JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2025:KHC-D:10360-DB
MFA No. 104474 of 2018
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
The present appeal has been filed calling in question the
correctness of the order passed in P&SC No.14/2017, whereby
the trial Court has rejected the petition for grant of probate.
While passing the impugned order, the trial court has recorded
certain findings relating to non-mentioning of litigation in the
Will.
2. Learned counsel Sri. G. Balakrishna Shastry
appearing for the respondent Nos.1 and 2 submit that even at
the stage of consideration of grant of probate, if other
interested persons were arrayed as respondents, they would
have objected to grant of probate and legal consequences
would have followed and accordingly, the order of the trial
Court does not require to be interfered with.
3. After hearing the matter for sometime, learned
Senior counsel appearing on behalf of the appellant submits
that in light of the stand of the respondents' counsel, it would
be appropriate to remand the matter back for fresh proceedings
to the trial Court, keeping open all contentions including as
raised in the present appeal.
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HC-KAR
4. Learned counsel Sri. G. Balakrishna Shastry
appearing for the respondents submits that the matter may be
remitted back to the trial Court and respondents on record may
be permitted to participate in the proceedings including to place
names of other persons who may be interested in grant of
probate.
5. Learned Senior counsel appearing for the appellant
submits that if such stand is taken, and details of other persons
interested are provided, they would make them as parties as
well in the proceedings upon remand.
6. In light of the same, while noticing several
contentions have been raised without entering into any
adjudication, in light of the stand of the respondents that they
intend to object the grant of probate, the present impugned
order is set aside, the matter is remitted back to the trial Court
for fresh consideration. Upon revival of the proceedings afresh
before the trial Court, the respondent Nos.1 to 3 herein are at
liberty to take their stand of opposing or otherwise as regards
grant of probate while also are at liberty to putforth the names
of other persons interested in the issue of grant of probate
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HC-KAR
upon which, the appellants may take necessary steps as
undertaken in the present proceedings. Accordingly, appeal is
allowed order dated 30.10.2018 in P&HC No.14/2017 is set
aside and the same is remanded. The matter is remitted for
fresh consideration in terms of the observations made above.
All contentions are kept open.
7. The present parties are directed to appear before
the trial Court without fresh notice on 10.09.2025.
8. The submission of the learned counsel for the
respondents that they would not take any steps to alienate
properties for a period of four [4] weeks is taken on record,
while clarifying such undertaking is only for the interregnum
and must not be construed to affect rights and entitlements of
the parties subsequently.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
PJ, CT:VP
