N. GIRISH SINGH Vs. PREM KHATRI AND ORS.

JUDGEMENT

(1.) This appeal is filed impugning the order dated 12.06.2018 in P& SC No.293/2015 on the file of the XXXI Additional City Civil and Sessions Judge, Bengaluru City (for short, the 'Probate Court'). The Probate Court by the impugned order dated 12.06.2018 has allowed the petition filed by the first respondent under the provisions of the Indian Succession Act, 1925 (for short, the 'Act') as the Executor appointed by the testatrix, Mrs. Kamala B Singh, by her Will and Testament dated 04.07.2011. The Probate Court has granted probate of the aforesaid registered Will and Testament dated 04.07.2011 in favour of the first respondent to be effective across the country. The second and the fifth respondents are the beneficiaries under the aforesaid Will and Testament dated 04.07.2011.

(2.) The appellant is not a party in the proceedings in P & SC No.293/2015 and as such, he has filed IA No.1 of 2018 for leave to prosecute the appeal impugning the order dated 12.06.2018. This Court on 01.08.2018 has issued notice of the appeal and the aforesaid application (as well as the other application for stay of the impugned order) to the respondents while granting stay of the impugned order dated 12.6.2018 lest the respondents take advantage of the impugned order and create third party rights. The respondents, upon service of notice of the appeal and the applications as aforesaid, have filed their objection statement.

(3.) The learned counsel for the appellant and the learned counsel for the respondents have been heard on the maintainability of the appeal as well in view of the preliminary objections by the learned counsel for the respondents as against the maintainability of the appeal.