NINGAPPA Vs. RAMACHANDRA

JUDGEMENT

(1.) Aggrieved by the order dated 10.03.2015 passed by the Principal Senior Civil Judge, Belagavi on I.A.No.4 in M.A.No.91/2013, this revision petition is filed by the respondents therein.

(2.) Heard the learned counsel for the parties.

(3.) P and SC No.25/2008 was filed by the petitioners herein under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the Succession Act ) in the Court of I Additional Civil Judge (Jr.Dn.), Belagavi for issue of probate in respect of a will dated 15.02.1980. The same having not been contested was allowed by an order dated 25.10.2008 and a probate was directed to be issued in favour of the petitioners herein. Feeling aggrieved, the respondent herein, who was not a party in P and SC No.25/2008, filed M.A.No.20/2009 under Order XLIII Rule 1 of CPC in the Court of II Additional Senior Civil Judge, Belagavi. Since there was a delay of 142 days in filing the appeal, an application was filed seeking condonation of delay. Since statement of objections was filed to the application seeking condonation of delay, while considering the said application, the learned Senior Civil Judge, Belagavi having noted the contentions urged with regard to maintainability of the appeal held that the appeal itself is not maintainable. However, the Appellate Court did not decide the application filed seeking condonation of delay and the appeal was dismissed as not maintainable. Challenging the said order, the respondent herein filed W.P.No.63619/2010 before this Court.