KARIYAPPA Vs. NIL

JUDGEMENT

(1.) This appeal is filed challenging the order dtd. 18/8/2022 passed in P and S.C.No.59/2021 on the file of III Additional District and Session Judge, Ramanagara dismissing the petition filed under Sec. 276 of the Indian Succession Act, 1925.

(2.) The factual matrix of the case is that the appellants herein have filed P and S.C.No.59/2021 stating that Smt. Mallamma, Wife of late Narasaiah i.e., the mother of the petitioners has executed a registered Will on 23/10/2009 in favour of the petitioners. Hence, the petitioners approached the revenue authorities to mutate the said properties into their names and the revenue authorities have issued an endorsement to produce succession certificate issued by the Competent Court. Hence, they filed the petition.

(3.) The petitioners, in pursuance of the said petition, examined themselves as P.Ws.1 and 2 and examined a witness as P.W.3 and got marked the documents as Exs.P1 to P5.