G M MASCARENHAS Vs. R VENKATACHALAM

JUDGEMENT

(1.) pursuanrto the order passed on 11-4 1990 in O.S.A. no, 8/1990 (appeal against order reported in ILR 1990 Kar 911) this appeal has been posted before us along with O.S.A. No. 8/1990, however, it is now brought to our notice that the application seeking interim order made in this appeal was got dismissed as not pressed on 2-4-1992.

(2.) at this stage, it is contendedthat the miscellaneous first appeal has to be decided by a single judge and it has not been referred to a division bench, therefore, no Order, either interim or final, can be passed by a division bench. In the normal circumstances, it is so, because, as per the Provisions contained in the Karnataka High Court Act, and in the light of a decision in ravindranath P.V. V Smt. Rukminiammal (ILR 1986 kar 2389: 1986(2) KLJ 139) this m.f.a. has to go before a single judge.

(3.) the subject matter of O.S.A. No. 8/1990 is as to whether the caveator, who is the respondent in this appeal and who has undoubtedly an half share in the subject matter of the suit, is entitled to participate in a probate proceeding filed by the 1st appellant in this appeal. The will in respect of which the probate is sought for by the 1st appellant relates to home school which is the subject matter of o.s No. 3800/19s9 pending on the file of the x additional city civil judge, Bangalore city and in which the respondent in this appeal has half share and as such he is the co-owner of the school with late miss. A.b. madappa who is stated to have left a will in favour of the 1st appellant bequeathing her right, title and interest in the home school. In O.S. no 3800/1989, the learned x additional city civil judge, Bangalore, has passed an order of temporary injunction restraining the appellants and thier agents from interfering with the respondent's (who is the plaintiff in the suit) right to peacefully manage, organise and participate in the day-to-day affairs and in the discharge of the functions as the sole proprietor of the home school till the production of the probate by the appellants.