Smt S Bharathi vs Y S Keshava
2026 Latest Caselaw 181 Kant

Karnataka High Court

Smt S Bharathi vs Y S Keshava on 12 January, 2026

                                                 -1-
                                                        NC: 2026:KHC:1756-DB
                                                       MFA No. 4821 of 2017


                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 12TH DAY OF JANUARY, 2026

                                           PRESENT
                          THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                              AND
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                   MISCELLANEOUS FIRST APPEAL NO.4821 OF 2017 (ISA)
                   BETWEEN:

                   1.    SMT S BHARATHI
                         W/O. LATE. Y G VENKATARAJU,
                         AGED ABOUT 45 YEARS,
                         SINCE DEAD AND HIS LR IS ALREADY
                         ON RECORD AS APPELLANT NO.1

                   2.    Y V CHARAN
                         S/O. LATE. Y G VENKATARAJU,
                         AGED ABOUT 25 YEARS,
                         R/AT SANTHE BEEDHI,
                         JAJU BUILDING, JAKKUR ROAD,
                         GOVINDAPPA GARDAN,
Digitally signed         YELAHANKA,
by BANGALORE             BANGALORE -560 064
ANJANAPPA
KRISHNA                                                        ...APPELLANTS
KUMAR
Location: High
                   (BY SRI UMESH B N, ADVOCATE)
Court of
Karnataka          AND:

                   1.     Y S KESHAVA
                          AGED ABOUT 33 YEARS,
                          SINCE DEAD BY LRS

                   1(a) SMT.PAVITHRA.H
                        AGED ABOUT 38 YEARS
                        W/O KESHAVA Y.S

                   1(b) MIS.AMRUTHA GOWDA.K
                              -2-
                                   NC: 2026:KHC:1756-DB
                                   MFA No. 4821 of 2017


HC-KAR



       AGED ABOUT 17 YEARS
       D/O KESHAVA Y.S.,

1(c)   ARJUN GOWDA.Y.K
       AGED ABOUT 17 YEARS
       S/O KESHAVA Y.S.,

       ALL ARE R/AT #275,
       GOVINDAPPA GARDEN
       RAITHARA SANTHE ROAD
       NEAR KHB COLONY
       YELAHANKA
       BANGALORE - 560 064

1(d) SRI Y.G.SURESH
     AGED ABOUT 63 YEARS
     S/O LATE Y.V.GOVINDAPPA
     R/AT #275, GOVINDAPPA GARDEN
     RAITHARA SANTHE ROAD
     NEAR KHB COLONY
     YELAHANKA, BANGALORE - 560 064
                                        ...RESPONDENTS

(BY SMT.AISHWARYA FOR SRI SHIVAKUMAR, ADVOCATE FOR
R1(B, C AND D);
R1(A) -SERVED)
     THIS MFA IS FILED UNDER SECTION 299 OF THE INDIAN
SUCCESSION ACT, AGAINST THE ORDER DATED 31.07.2015
PASSED ON P&SC NO.96/2014 ON THE FILE OF THE 1ST
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU
CITY (CCH NO.2), ALLOWING THE PETITION FILED UNDER
SECTION 276 OF INDIAN SUCCESSION ACT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
       and
       HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                               -3-
                                            NC: 2026:KHC:1756-DB
                                           MFA No. 4821 of 2017


HC-KAR




                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

Learned counsel for the appellants submits that in

view of the law laid down by this Court in the case of

N. GIRISH SINGH V. PREM KHATRI AND ORS reported

in AIR Online 2020 Kar 1558, he may be permitted to

move the same Court seeking for appropriate relief.

2. In view of the said submission, the appeal is

disposed of granting liberty to approach the same Court

for seeking revocation of the grant of probate in

accordance with law.

3. The Trial Court shall consider such application

on merits and in accordance with law. Time spent in this

proceeding would enure to the benefit of the appellants in

seeking condonation of delay. The interim order granted

by this Court is continued till the Trial Court considers his

prayer for interim relief.

NC: 2026:KHC:1756-DB

HC-KAR

4. Registry is directed to return the certified copies

filed along with the appeal on substituting it with Xerox

copies.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

RAK List No.: 1 Sl No.: 22