Smt Yallavva W/O Siddappa Dalawai vs Smt Gangavva W/O Siddappa Dalawai
2025 Latest Caselaw 6442 Kant

Citation : 2025 Latest Caselaw 6442 Kant
Judgement Date : 19 June, 2025

Karnataka High Court

Smt Yallavva W/O Siddappa Dalawai vs Smt Gangavva W/O Siddappa Dalawai on 19 June, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                                NC: 2025:KHC-D:7819
                                                            MFA No. 105578 of 2024


                       HC-KAR



                                   IN THE HIGH COURT OF KARNATAKA,
                                            DHARWAD BENCH
                                 DATED THIS THE 19TH DAY OF JUNE, 2025
                                                 BEFORE
                            THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                       MISCELLANEOUS FIRST APPEAL NO. 105578 OF 2024 (ISA)

                       BETWEEN:

                       1.   SMT. YALLAVVA W/O SIDDAPPA DALAWAI,
                            AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
                            R/O: SITIMANI, TAL: BAGALKOT,
                            DIST: BAGALKOT, PIN-587 101.


                       2.   SMT. SHAVANTRAVVA @ SAVITRI
                            W/O NINGAPPA HOLDUR, AGE: 37 YEARS,
                            OCC: HOUSEHOLD WORK,
                            R/O: MANAHALLI, TAL: BAGALKOT,
                            DIST: BAGALKOT, PIN-587 101.

Digitally signed by
MALLIKARJUN
                       3.   SMT. BORAVVA @ SHASHIKALA
RUDRAYYA KALMATH
Location: HIGH COURT        W/O VIDHYADHAR HOLDUR,
OF KARNATAKA
DHARWAD BENCH               AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
                            R/O: MANAHALLI, TAL: BAGALKOT,
                            DIST: BAGALKOT, PIN-587 101.


                                                                         ... APPELLANTS
                       (BY SRI. S.C. HIREMATH, ADVOCATE)

                       AND:

                       1.   SMT. GANGAVVA W/O SIDDAPPA DALAWAI,
                            AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
                            -2-
                                        NC: 2025:KHC-D:7819
                                    MFA No. 105578 of 2024


HC-KAR



     R/O: RAMPUR, TAL: BAGALKOT,
     DIST: BAGALKOT, PIN-587 101.


2.   SMT. HANAMAVVA W/O SANGAPPA GOUDAR,
     AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
     R/O: RAMPUR, TAL: BAGALKOT,
     DIST: BAGALKOT, PIN-587 101.


3.   APPANNA S/O SIDDAPPA DALAWAI,
     AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
     R/O: RAMPUR, TAL: BAGALKOT,
     DIST: BAGALKOT-PIN-587 101.


4.   THE BRANCH MANAGER,
     KARNATAKA VIKAS GRAMEEN BANK,
     BRANCH RAMPUR, TAL: BAGALKOT,
     DIST: BAGALKOT.


                                           ... RESPONDENTS
(BY SRI. MALLIKARJUN C. HUKKERI, ADVOCATE FOR R1-R3;
    R4-SERVED)

      THIS MFA IS FILED UNDER SECTION 384 OF THE INDIAN
SUCCESSIONS ACT, 1925, PRAYING TO SET ASIDE THE JUDGMENT
AND ORDER DATED 19.10.2024 PASSED IN P AND SUPREME
COURT NO.26/2024 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND C.J.M., BAGALKOT AT BAGALKOT.


      THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT IS DELIVERED THEREIN AS UNDER:
                                    -3-
                                               NC: 2025:KHC-D:7819
                                           MFA No. 105578 of 2024


HC-KAR



                     ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

Though the appeal is listed for admission with consent of

learned counsel for the parties the matter is taken up for final

disposal.

2. This Miscellaneous First Appeal is filed by the appellants

under Section 384 of Indian Succession Act, 1925 (for short, 'Act,

1925'), challenging the order passed in P & SC No.26/2024 dated

19.10.2024 on the file of Principal Senior Civil Judge and CJM,

Bagalkot (for short, 'Probate Court'), thereby, an exparte order of

probate and succession certificate was issued under Section 372(1)

of the Act, 1925.

3. Admittedly, the appellants were not parties in the said

P & SC proceedings.

4. Section 383 of the Act, 1925, reads as under:

"383. Revocation of Certificate.-- A certificate granted under this Part may be revoked for any of the following causes, namely:-

(a)That the proceedings to obtain the certificate were defective in substance;

NC: 2025:KHC-D:7819

HC-KAR

(b)That the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;

(c) That the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;

(d)That the certificate has become useless and inoperative through circumstances;

(e)That a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked."

5. Therefore, if the appellants were not parties in the said

P & SC proceedings, then as per Section 383 of the Act, 1925, an

application for revocation could be invoked.

6. This Court, vide order dated 22.04.2025, has observed

the above said legal position on the facts and circumstances

involved in the case.

7. It is stated that the appellants were exparte over the

subject matter in the said petition. Therefore, the appellants are

given liberty to file petition for revocation under Section 383 of Act,

NC: 2025:KHC-D:7819

HC-KAR

1925, before the probate Court. Accordingly, the appeal is