RAMAKKA AND ORS. Vs. NIL

JUDGEMENT

(1.) THIS appeal by the appellants is against the order dated 30.11.2013 in P and S.C. No. 3/2013 whereby the application filed by the appellants for grant of probate of the Will came to be rejected by the Principal Civil Judge (Sr. Dn.), Bangalore Rural District, Bangalore.

(2.) THE case of the appellants before the Court below is as under:

(3.) THE submission of the learned counsel for the appellants is that the learned Civil Judge has wrongly held that the mother of petitioner No. 3 is not made as party though her name is shown as guardian of the minor petitioner No. 3, who has been appointed as executor of the Will. Further, the learned counsel would submit that though the documents in respect of immovable properties shown in the Will were not produced, they have been produced in this appeal along with an application under Order 41 Rule 27 of CPC, which may kindly be considered to dispose of the appeal on merits. It is also contended that the learned Principal Civil Judge has failed to frame proper points for consideration, the learned judge failed to understand the scope of the petition for grant of probate and the issues to be framed in a petition for grant of the probate and thereby the learned judge lost the track and dismissed the petition. Hence, the learned counsel sought to set aside the impugned judgment, allow the petition and grant probate of the Will so as to enable the petitioners to inherit the properties shown in the Will left behind by deceased Chikkaramaiah Reddy.