PARVATHAMMA Vs. K G HANUMANTHA RAJU

JUDGEMENT

(1.) All these appeals arise out of the common order dated 07.08.2017 passed on IA Nos.1 & 2 in P & SC No.196/2017 on the file of the 63rd Addl. City Civil & Sessions Judge, Bengaluru City.

(2.) By the said order, the Court below has allowed IA No.2 and has vacated the order dated 07.06.2017 passed on IA No.1 issuing direction to the parties to suggest names of persons of their choice for facilitating the court to appoint two of them as Administrators pending disposal of P & SC No.196/2017, preferably two Chartered Accountants until such arrangement was made by appointing independent persons as Administrators. The Executors appointed as per the Will who were permitted to discharge the duties as Administrators by virtue of the order dated 07.06.2017 passed on IA No.1 have been continued directing them to look after the affairs of the estate of late J.P.Narayanaswamy and submit accounts regularly to the Court. The Executors have been debarred from taking major decisions pertaining to the Schedule Property.

(3.) Appellant in MFA Nos.6461 & 6462 of 2017 is one J.P.Sudhakar S/o J.P.Narayanaswamy, he is the adopted son of late J.P.Narayanaswamy as per the registered Deed of Adoption dated 19.01984. Appellants in MFA No.6453/2017 are the wife and daughter of deceased J.P.Narayanaswamy. MFA No.6707/2017 is filed by Sri K.G.Hanumantha Raju S/o late Gangaiah and Sri K.R.Sudhir S/o late K.P.R.Shetty. They are the Executors appointed by the Testator as per the Will dated 17.01.2017 and the Codicil dated 20.01.2017 executed by late J.P.Narayanaswamy. It is these appellants who have filed the petition under Sections 276(1) and 278(1) of the Indian Succession Act, 1925, seeking grant of probate and letters of administration in their favour in respect of the petition schedule properties which were the subject matter of the Will and Codicil.