Sri. Arunchandra. B vs Sri. A.C. Poornachandra
2023 Latest Caselaw 5763 Kant

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                                                          NC: 2023:KHC:29317
                                                        MFA No. 3241 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 18TH DAY OF AUGUST, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 3241 OF 2023 (ISA)
                   BETWEEN:

                   1.    SRI. ARUNCHANDRA. B
                         S/O LATE BALACHANDRA SWAMY
                         AGED 51 YEARS
                         NO.23, 21ST CROSS
                         7TH MAIN D BLOCK
                         VIJAYANAGARA III STAGE
                         MYSORE - 570017.

                   2.    SRI. RAVICHANDRA. B
                         S/O LATE BALACHANDRA SWAMY
                         NO.23, AKASHA GANGA
                         21ST CROSS, 7TH MAIN D BLOCK
                         VIJAYANAGARA III STAGE
                         MYSORE - 570017.
                                                               ...APPELLANTS
Digitally signed   (BY SRI. K S HARISH., ADVOCATE)
by
DHANALAKSHMI
MURTHY             AND:
Location: High
Court of           SRI. A.C. POORNACHANDRA
Karnataka          S/O LATE B.R. CHINNASHETTY
                   AGED 57 YEARS
                   NO.23, AKASHA GANAGA
                   21ST CROSS, 7TH MAIN ROAD
                   D BLOCK, VIJAYANAGAR III PHASE
                   MYSURU - 571017.
                                                              ...RESPONDENT
                       THIS MFA IS FILED UNDER SECTION 388 OF THE INDIAN
                   SUCCESSION ACT, AGAINST THE ORDER DATED:28.02.2023
                   PASSED IN P AND SC NO.68/2022 ON THE FILE OF THE PRL.
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                                         NC: 2023:KHC:29317
                                      MFA No. 3241 of 2023




DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE
PETITION FILED U/S.372 OF THE INDIAN SUCCESSION ACT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

1. Learned counsel for the appellants has filed a memo

dated 18.08.2023 seeking leave of this Court to withdraw

the above appeal with liberty to approach the Principal and

Sessions Judge, Mysuru.

2. Memo is taken on record.

3. The above appeal is disposed of. The liberty is

reserved to the appellants to approach the appropriate

legal forum within a period of two weeks from today. Till

then, the order dated 28.02.2023 passed in P & SC

No.68/2022 by the Principal District and Sessions Judge,

Mysuru, is hereby stayed.

4. If any application is filed by the appellants for

revocation under Section 263 of Indian Succession Act,

1925, the trial Court is directed to dispose of the petition

NC: 2023:KHC:29317 MFA No. 3241 of 2023

as expeditiously as possible but not later than six months

from the date of filing of the application by the appellants.

Sd/-

JUDGE

HA