Somnath Iyer, J. - (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:
"2. The respondent who is the petitioner's elder brother, objects for the grant of Probate to him. 3. The petitioner has now been advised that under law, it is unnecessary to obtain a probate of the said will and further as the petitioner's health has been seriously impaired of late, he has now been advised to refrain from undertaking any serious tasks entailing physical or mental strain (vide medical certificate enclosed). 4. The petitioner therefore renounces his Executorship under the will and seeks permission of this Hon'ble Court to withdraw the petition for Probate."
But his application was opposed by Doddagangadharaiah, the caveator. In his statement of objections, he set out the reasons for his opposition.
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