S.P.SREENIVAS NAIK Vs. YALLAPPA

JUDGEMENT

(1.) The appeal is filed under Sec. 299 of the Indian Succession Act, 1925, (for short hereinafter referred to as 'the Act') challenging the Order dtd. 20/9/2016 passed by the I-Additional District and Sessions Judge, Dharwad, sitting at Hubballi, in P and S.C.No.6/2016.

(2.) Brief facts of the case are that the respondent herein has filed petition under Sec. 372 of the Act, for grant of probate and succession certificate regarding the petition schedule property without making appellant as respondent in the said P and S.C. No.6/2016 and by creating forged document and with all manipulations has obtained probate and succession certificate in respect of the petition schedule property. The appellant herein is the absolute owner of the property and without making the appellant as respondent by publishing issuance of citations, obtained probate and succession certificate. Therefore, the appellant by contending that he is the absolute owner and in possession of the property and the respondent herein by making a forged Will with all concocted facts and with malafide intentions to knock off the property of the appellant, such petition was filed under Sec. 372 of the Act. Therefore, the appellant has filed the present appeal praying to set aside the order passed in P and S.C. No.6/2016.

(3.) The learned counsel for the appellant submitted that the respondent herein is no where concerned with the appellant family. The respondent is a stranger to the appellant and his family. It is further contended the appellant is absolute owner and in possession of the suit schedule property. When this being the fact, the respondent herein by filing petition and by creating forged Will, death certificate of the appellant and voters ID even though the appellant is alive and with all malafide intention to knock off the property, such false and frivolous petition is filed before the District Court for grant of probate certificate. Therefore, prays to initiate necessary legal action as per Sec. 340 of Cr.P.C. by setting aside the order impugned in the appeal.