ANNAPPA Vs. JAYANNA

JUDGEMENT

(1.) This appeal is directed against the impugned order dtd. 15/12/2017 passed in P and SC 9/2017 by the III Addl. District & Sessions Judge, Shivamogga (for short, 'Trial Court') whereby the said petition filed by the respondents under Ss. 270 and 272 of the Indian Succession Act, 1925 for grant of probate of alleged Will dtd. 27/8/1981 said to have been executed by late Puttappa in favour of Hanumanthappa, father of the respondents was allowed by the trial Court.

(2.) Heard learned counsel for the appellant and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the respondents claiming to be the children of one Hanumanthappa filed the aforesaid petition seeking grant of probate of Will dtd. 27/8/1981 said to have been executed by one late Puttappa in favour of the respondents' father - Hanumanthappa. It was contended that the aforesaid testator - Puttappa was unmarried and expired on 14/10/1982, without leaving any issues and the schedule property stood bequeathed in favour of the aforesaid Hanumanthappa, father of the respondents. Subsequently, on demise of Hanumanthappa on 6/5/1997, his sons, the respondents herein filed the instant petition seeking grant of probate of the alleged Will of Puttappa dtd. 27/8/1981. On behalf of respondents, respondent No.1 was examined as PW1 and one attesting witness as PW2, pursuant to which, the trial Court proceeded to pass the impugned order allowing the petition thereby granting probate in respect of the alleged Will said to have been executed by late Puttappa in favour of Hanumanthappa, father of the respondents. Aggrieved by the impugned order passed by the trial Court, the appellant is before this Court by way of the present appeal.