PADMA Vs. R MANJULA

JUDGEMENT

(1.) THE facts of the case in brief leading upto this appeal are as follows: the parties would be referred to with reference to the rank before the probate Court. P and SC 6/91 was filed by petitioners 1 and 2 averring that first petitioner is the legally wedded wife of late K. H. Ganesh and second petitioner is the son born out of the said wedlock and K. H. Ganesh died on 6-5-1990 at Kothigere of Kunigal Taluk while he was in service as a clerk in Government High School, Nagasandra, KG. Temple, Gubbi Taluk. It is averred that by suppressing the facts and misrepresenting the Court, respondents 1 to 3 filed an application for issue of succession Certificate 6/90 and obtained the same on 24-1-1991 and the said certificate has been obtained by defective subsistence in the petition, that is giving wrong information about the relationship with the deceased, giving false suggestion and concealment of facts and making untrue allegations and petitioners are the only persons related to the deceased who are entitled to succession certificate and wherefore, they have sought for revocation of the succession certificate issued to the respondents in P and SC 6/90, dated 24-1-1991 under Section 383 of the indian Succession Act.

(2.) THE petition was resisted by respondents 1 to 3 by contending that p and SC 6/90 was filed and after due proceedings, succession certificate has been granted by order dated 24-1-1991, respondent 1 is the legally wedded wife of K. H. Ganesh and that respondents 2 and 3 are her children out of the said wedlock and she has not suppressed any fact and no ground is made out for revocation of the succession certificate granted in favour of respondents.

(3.) THE first and second petitioners filed an application for issue of succession certificate in P and SC 1/91 which was filed before the District Court and the same was returned for presentation to the Civil court and on presentation to the Civil Court same was numbered as P and SC 7/91 on the file of Additional Civil Judge, Tumkur, wherein the petitioners 1 and 2 sought for issue of succession certificate under Section 372 of the Succession Act reiterating the averments made in P and sc 6/91. The said application was also resisted by respondents 1 to 3 reiterating the objections filed in P and SC 6/91. Both the petitions P and SC 6/91 and 7/91 were clubbed and common evidence was recorded.