Maithra Devi Vs. B .Thyagaraju S/O Basappa

[h.g.ramesh j.] m.f.a. is filed under section 299 of the indian succession act against the order dated 18.1.2008 passed in p & sc no.23/2007 on the file of the iii addl. district judge, tumkur. allowing the petition filed under section 276 of indian succession act in respect of tlie will dated 18.9.2006. m.f.a.no.2228/2009 and misc.cvl.nos.5712. 14294 & 5713 of 2009 misc.cvl.no.5712/2009 is filed under section 5 of the limitation act praying to condone the delay of 341 days in filing the above appeal. misc.cvl.no. 14294/2009 is filed under order 10 rule 1 of the cpc praying to permit the appellant to file the above appeal as she is necessary party to the above appeal. misc.cvl.no.5713/2009 is filed under order xli rule 5 of the cpc praying to stay the operation and implementation of the impugned order dated 18.01.2008 passed by iii addl. district judge. tumkur. in p & sc no.23/2007. 1. heard. the delay of 341 days in filing the appeal is condoned. misc.cvl.5712/2009 is allowed accordingly. misc.cvi. 14294/2009 filed for permission to file the appeal is also allowed.2. this appeal is directed against the order dated 18.01.2008 passed by the court of iii additional district judge, tumkur, in p & sc no.23/2007. by the impugned order, the court below has allowed the petition filed by the respondent herein for grant of a probate under section 276 of the indian succession act, 1925m.f.a.no.2228/2009 and misc.cvl.nos.5712, 14294 & 5713 of 2009 ['the act' for short) by granting a probate in respect of the will dated 18.09.2006 executed by one renukamma.3. learned counsel appearing for the appellant submits that the respondent, ought to have arrayed the appellant as a party to the aforesaid probate proceeding and the respondent has obtained the probate by playing fraud on the trial court.4. on being asked as to whether the case of the appellant would fall within the ambit of section 263 of the act, learned counsel appealing of the appellant fairly and rightly answered in the affirmative. if that be so, the appropriate icmedy fox the appellant is to apply to the trial court under section 263 of the act in accordance with law for revocation of the probate granted by it. accordingly, the appellant is at liberty to apply to the trial court in accordance with law for revocation ol the probate. the appeal is disposed of accordingly. m.f.a.no.2228/2009 and misc. cvl.nos.5712. 14294 & 5713 of 20095. in view of disposal of the appeal, no order need be passed on misc.cvl.5713/2009 field for an interim stay order and it stands disposed of accordingly.appeal disposed of.