H.SRINIVA RAO Vs. NIRANJAN RAO

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the order passed by the Trial Court in Misc. Case No.25/2016 dtd. 15/12/2017 wherein the Trial Court allowed the petition filed under Sec. 263 of the Indian Succession Act and the probate granted in favour of the respondent in P&Sc No.6/2014 dtd. 6/6/2015 is revoked and permitted the petitioners to contest the said petition.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the appellant/petitioner in P&Sc No.6/2014 is that Mulky Annappayya had executed a Will in favour of the appellant on 10/7/1990 and he died on 7/9/1999 and consequent upon the Will, M.R.No.74/1999-2000 was effected and name of the legatee Manohar S Moodabidri was entered in the Records of Rights. The executant of the Will also having two sisters by name Rajivibai and Sundaribai and both of them were died on 4/2/1999 and 4/6/2000 respectively. The said Rajivibai pre- deceased by the executant and the other sister Sundaribai died subsequent to the death of Mulky Annappayya. The mother of respondent Nos.1 and 4 - Smt. Prafulla S Rao, who is the daughter of Rajivibai, also died on 2/7/2014. A notice was sent to respondent Nos.1 to 4 by Manohar S Moodabidri stating that Mulky Annappayya executed a Will and in the said Will, a condition was made that heirs of late Sridhar Rao and Smt. Prafulla S Rao shall be provided with an alternative dwelling house and respondents sent a reply dtd. 19/9/2014 denying the contentions of the notice.