B M VENKATARAMANAGOWDA Vs. EXECUTIVE ENGINEER, PUBLIC WORKS PORT AND INLAND WATER TRANSPORT DEPARTMENT

JUDGEMENT

(1.) The petitioners filed P and SC No.37/2018 on the file of the Prl. Sessions Judge, Kolar, under Section 276 of the Indian Succession Act for grant of probate certificate on the Will dated 27.07.2018 executed by deceased B.M.Chandregowda, in respect of item Nos. 1 to 4 and for direction to the fifth respondent to transfer all the accounts mentioned in item No.2 of the WILL into the name of the first petitioner and also for a direction to the sixth respondent to transfer the individual license of the deceased vide license No. CBS/C1/CIVIL/3839/2015 valid from 01.06.2015 till 31.05.2020 in the name of the first petitioner.

(2.) It is the case of the petitioners that, late B.M. Chandregowda, during his lifetime, executed a Will dated 27.07.2018 nominating the first petitioner as legatee for various contracts and the bank accounts for the purpose of certain other properties. In the year 2018, petitioner approached the respondents along with the WILL in order to enable them to continue with various works, about 19 in numbers, the respondents had insisted that the Will has to be proved to recognize the contractor for continuing with the execution of the works. As such, petitioners preferred P & SC No.37/2018 before the District Court under the provisions of Section 276 of the Indian Succession Act for grant of probate certificate. The Trial Court, considering the objections raised, by the impugned order dated 22.02.2019, directed to register P & SC No.37/2018 as original suit and directed the respondents to take recourse to amend their respective objection statements as written statement. Therefore, the present writ petition is filed for the relief sought for.

(3.) I have heard the learned counsel for the parties to the lis.