H.H. DODDA GANGADHARAIAH Vs. V.H. CHANNABASAVAIAH AND ANOTHER
HIGH COURT OF KARNATAKA
H.H. Dodda Gangadharaiah
Referred Judgements :-
GADODIA V. RAGHUBIR DAYAL
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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 -JudExecutorshipsge of Kolar, and Doddagangadharaiah 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.
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).
(3.)THE petitioner therefore renounces his Executorships 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. 4. When the matter was posted for a consideration of the question arising out of the renunciation of Channabasavaiah from the executorships, a memo was produced on April 24, 1965 by Channabasavaiah in which he stated that he did not press his application under Section 230 of the Succession Act and that his application under that section might accordingly be dismissed. But this application for withdrawal from the application was again opposed by Doddagangadharaiah. But the District Judge allowed the application for withdrawal, and it is against the order made in that way that this appeal is preferred under Section 299 of the Succession Act. Section 230 of the Succession Act under which there was a renunciation of his executorships by Channabasavaiah, reads?
"230. Form and effect of renunciation of executorships. - - The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing and when made shall preclude him from ever thereafter applying for probate of the will appointing him executor."
This section makes it clear that when Channabasavaiah made an application on August 31, 1963 under his signature and he stated in that application that he had renounced his executorships, that renunciation became complete and opposition to such renunciation or withdrawal from the probate proceedings, by Doddagangadharaiah had no relevance or materiality. Whether Doddagangadharaiah opposed the renunciation or not, the renunciation became complete and irrevocable when the executor in writing intimated the court under his signature that he had renounced his executorships.
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