SHESHAPPA Vs. PRAVEEN

JUDGEMENT

(1.) The present appeal is filed under Sec. 384 of the Indian Succession Act, 1925[Hereinafter referred to as "the Succession Act"] calling in question the order dtd. 26/6/2023 passed in P&SC No.9/2023 by the Principal District and Sessions Judge, Haveri[Hereinafter referred to as "the District Court"].

(2.) The relevant facts leading to the present appeal are that the respondent instituted proceedings in P&SC No.9/2023 under Sec. 372 of the Succession Act seeking for probate of the Will dtd. 21/3/2022 executed by one Bharmappa S/o. Huliyappa Jogappanavar[Hereinafter referred to as "the deceased"]. No respondents were arrayed in the said proceedings. The District Court by order dtd. 26/6/2023 allowed the said P&SC No.9/2023 and granted probate in respect of the Will dtd. 21/3/2022. Being aggrieved, the appellants have filed the present appeal.

(3.) It is the contention of the appellants that the appellant No.1 is the son and appellants 2 to 5 are the grandchildren of the deceased. That the respondent herein being a grandson of the deceased ought not to have filed P&SC No.9/2023 without arraying the appellants as partyrespondents to the said proceedings.