LAWS(KAR)-2009-8-102

ARATHI NARAYAN D/O. LATE MR. M.D. NARAYAN W/O. DR. ALOK CHOUDHARY Vs. MR. M.D. BALAKRISHNA S/O. LATE MR. M.S. DYAVEGOWDA AND OTHERS

Decided On August 26, 2009
Arathi Narayan D/O. Late Mr. M.D. Narayan W/O. Dr. Alok Choudhary Appellant
V/S
M.D. Balakrishna S/O. Late Mr. M.S. Dyavegowda Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 4 of the Karnataka High Court Act, 1961 [for short 'High Court Act']. The first Defendant in a testamentary original suit No. 2 of 2006 on the file of this Court is the Appellant in this appeal.

(2.) THE appeal is directed against the order passed by the learned single Judge of this Court exercising original jurisdiction and trying the testamentary suit and against the order passed on IA No. 3 of 2007 in the suit which was an application under Order XIV Rules 2 and 5 read with Section 151 of the Code of Civil Procedure, 1908 [for short 'the code'].

(3.) THE probate petition also reveals that the Petitioner/Plaintiff had been appointed as executor of the Will sought to be probated and that he is the brother of the deceased person. The further averments are that the Respondents 2 to 6 are sisters of the deceased as well as the Petitioner. A few more facts indicated in the probate petition are that said Rukmini Dasappa had subsequent to the dissolution of the marriage married one Sri. H.G.V. Reddy and the first Respondent grew up with them.