H N CHINNA REDDY Vs. KRISHNAPPA REDDY

JUDGEMENT

(1.) The petitioners have called into question the order, dated 25.05.2009 (Annexure-M), passed by the Court of the Principal City Civil and Sessions Judge, Bangalore in P&SC No. 190/2006. By the impugned order, P&SC No. 190/2006 is directed to be registered as original suit.

(2.) Sri B.K. Manjunath, the learned Counsel for the petitioners submits that the order converting the petition proceedings into suit proceedings is passed without affording the petitioners' side the opportunity of being heard in the matter. He further submits that the learned City Civil Judge has committed an error by holding that the petitioners' application for amendment filed invoking Section 229 of the Indian Succession Act, 1925 is allowed. He submits that in Writ Petition Nos. 1005/2009 and 1678/2009, the said application was given up.

(3.) Sri B.K. Manjunath submits that the conversion of the petition proceedings into the suit proceedings is impermissible, as no party has raised any cloud over the validity of the Will as such. The only question that falls for the consideration of the probate Court is whether the executor has distributed the properties as per the wish of the testator. He submits that in the instant case, the executor has distributed a portion of the properties; the beneficiaries under the Will are yet to get their full respective shares. The petitioners were constrained to approach the Court below, as the executor had not discharged the obligations specified under the Will.