H H DODDA GANGADHARAIAH Vs. V H CHANNABASAVAIAH

JUDGEMENT

(1.) On June 24, 1960 ah application was presented to this Court in Civil Petition No. 282 of 1960 for the grant of a probate of a will stated to have been executed on May 14, 1958 by a certain Chikkachannananjappa. That application stood transmitted to the Court of the District-Judge of Kolar, and Dodda-gangadharaiah who is the appellant before us produced a caveat on August 29, 1960. He repudiated the genuineness of the will and opposed the grant of the probate.

(2.) The application for a probate had been presented by Channabasavaiah who is respondent before us, and he claimed to be the executor under the will.

(3.) On August 31, 1963 Channabasavaiah made an application to the District Judge under Section 230 of the Succession Act. In that application to which he affixed his signature, he made a statement that he had renounced his executor-ship under the will and sought permission of the Court to withdraw his application for probate. The relevant part of that application reads: