Karnataka High Court
Smt Parvathi Prabhakar vs Nil on 21 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:29674
MFA No. 5651 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5651 OF 2023(ISA)
BETWEEN:
SMT PARVATHI PRABHAKAR
W/O PRABHAKAR VALIVATI
AGED ABOUT 60 YEARS
R/AT No.19/B 8TH MAIN ROAD
SADASHIVNAGAR
OPP. TO GAYATHRIVIHAR
BENGALURU-560080.
...APPELLANT
(BY SRI. KESHAV M DATAR., ADVOCATE)
AND:
NIL
Digitally signed ...RESPONDENT
by
DHANALAKSHMI
MURTHY
Location: High THIS MFA IS FILED UNDER SECTION 299 OF THE INDIAN
Court of SUCCESSION ACT AGAINST THE ORDER DATED 20.07.2023
Karnataka PASSED IN P AND SC.NO.101/2023 ON THE FILE OF THE XXXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
PARTLY ALLOWING THE PETITION FILED UNDER SECTION 278
OF THE INDIAN SUCCESSION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 5651 of 2023
JUDGMENT
This appeal is filed by the appellant/petitioner
under Section 299 of the Indian Succession Act, 1925
challenging the order dated 20.07.2013 in P & S.C.
No.101/2023 passed by the XXXV Addl. City Civil and
Sessions Judge, Bengaluru, partly allowing the petition.
2. For the sake of convenience, parties are referred to
as per their ranking before the trial court.
3. The brief facts of the case are that the
appellant/petitioner filed a petition under Section 278 of
the Indian Succession Act, 1925 for grant of letters of
administration in respect of the estate of the deceased
Venkataramaiah and Nanjamma i.e., petition schedule
item Nos. 1 and 2 properties. The P & S.C. Court, after
following all procedure of law, partly allowed the petition
and passed the following order:
"The petition filed by the petitioner is
hereby partly allowed only in respect of 'A'
schedule property and part of 'B' schedule
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MFA No. 5651 of 2023
property, i.e., a, b and III and V properties,
whereas, the petition is dismissed in respect of
(c) to (f) and (I) and (II) & (IV) properties of
item No.2.
The petitioner is entitled for grant of
letters of administration only in respect of share
certificate of SKF Company having its No.7017
having its Folio No.KFN0051563 and share
certificate of Mahendra and Mahendra Company
having its Folio No.000104 and share certificate
of Grasim Company having its Folio No.709079
and one more share certificate of same
Company having Folio No.GAR -324415.
The office is directed to issue letters of
administration to the petitioner only in respect
of the above properties after production of
necessary stamp paper as per the Rules."
Being aggrieved by the same, the petitioner is before this
Court.
4. The learned counsel appearing for the
appellant/petitioner has contended that in respect of 'B'
schedule properties the P & S.C. Court has not granted
Letter of Administration on the ground that the petitioner
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MFA No. 5651 of 2023
has failed to produce the share certificate. After disposal
of the petition, she secured the share certificate and the
same has been produced along with the application before
this Court. Hence, he sought for allowing the appeal.
5. In view of the subsequent development, I am of
the opinion that the matter requires to be remitted back to
the P & S.C. Court to reconsider the matter afresh in
respect of rejection of the claim of the petitioner is
concerned.
6. Accordingly, I pass the following order:
(i) Appeal is allowed.
(ii) The order dated 20.07.2023 passed in
P & S.C.No.101/2023 in respect of rejection of
the claim of the petitioner for grant of Letter of
Administration is set aside. To that effect, the
matter is remitted back to the P & S.C. Court.
(iii) The trial court is directed to reconsider
the matter afresh after giving opportunity to
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MFA No. 5651 of 2023
the appellant/petitioner to produce the
additional documents and adduce additional
evidence.
Sd/-
JUDGE
CM
